
Glass. 



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A copy of this pamphlet may be secured by sending to the Superinten 
dent of Education, Montgomery, Alabama, 6 cents to cover postage. 



General Public School 

Laws of Alabama 

1915 




Issued by the 

STATE DEPARTMENT OF EDUCATION 

WILLIAM F. FEAGIN 
Superintendent 



^ J) 



*G CO. MONT0OME»Y. 



/ J 



GENERAL 

PUBLIC SCHOOL LAWS 



OF 



ALABAMA 
1915 







ISSUED BY 
DEPARTMENT OF EDUCATION 



MONTGOMERY, ALA. 

BROWN PRINTING COMPANY 

STATE PRINTERS AND BINDERS 

1015 



' \V 

STATE DEPARTMENT OF EDUCATION 

WM. F. FEAGIN, SPRIGHT DOWELL, 

Superintendent of Education. Chief Clerk. 

HARRIS MORI ARTY and JAMES N. GUNNELS, 
Bookkeepers. 

MISS ADELINE KLINGE, MISS SADIE ALEXANDER, 

and MRS. RUBY D. FRANSON 

Stenographers. 

J. B. HOBDY and J. L. SIBLEY, 
Rural School Agents. 

STATE BOARD OF EXAMINERS 

WM. F. FEAGIN, President. 

P. W. HODGES, Secretary. 

MISS CLARA PITTS. 

MISS JERETTA TAYLOR, Stenographer. 

STATE TEXT BOOK COMMISSION 

Governor Chas. Henderson, Chairman Montgomery, Ala. 

Supt. Wm. F. Feagin, Secretary Montgomery, Ala. 

Prof. J. W. Watson Centerville, Ala. 

Prof. E. M. Shackelford Troy, Ala. 

Supt. E. S. Pugh Union Springs, Ala. 

Dr. T. W. Palmer Montevallo, Ala. 

Supt. J. M. Pearson Alexander City, Ala. 

Prof. J. J. Doster University, Ala. 

Prof. H. T. Wallace .' Prattville, Ala. 

Prof. W. R. Harrison Florence, Ala. 

Supt. A. M. Spessard Uniontown, Ala. 

COUNTY HIGH SCHOOL COMMISSION 

GOVERNOR CHAS. HENDERSON, Chairman. 

SUPT. WM. F. FEAGIN, Secretary. 

AUDITOR M. C. ALLGOOD. 






PUBLIC SCHOOL LAWS OF ALABAMA. 



CHAPTER 41, CODE 1907. 
ARTICLE 1. 

PUBLIC SCHOOL FUND. 

1678. (3539) (943) Appropriations for public 
schools. — For the maintenance of a system of public 
schools of the State the following sums of money are 
hereby appropriated for every scholastic year, to- wit : 

1. The annual interest at six per cent on all sums of 
money which have heretofore been or which may here- 
after be received by the State, as the proceeds of sales of 
lands granted or entrusted by the United States to the 
State, or to the several townships thereof, valueless six- 
teenth section fund, .and school indemnity fund for 
school purposes. 

2. The annual interest at four per cent on that part of 
the surplus revenue of the United States deposited with 
the State under the act of Congress approved June 23, 
1836. 

3. All annual rents, incomes, and profits or interest 
arising from the proceeds of sales of all such lands as 
may hereafter be given by the United States, or by this 
State, or by individuals, for the support of the public 
schools of the State. 

4. All such sums as may accrue to the State as es- 
cheats the same to be applied to the support of the pub- 
lic schools during the scholastic year next ensuing the 
receipt in the State treasury. 

5. The net amount of poll tax that may be collected in 
the State ; poll tax collected in every county to be retain- 
ed therein for the support of the public schools thereof 
and distribuetd and disbursed as provided in this chap- 
ter. 



4 PUBLIC SCHOOL LAWS OF ALABAMA. 

6. Licenses which are by law required to be paid into 
the school fund of any county to be promptly paid by 
the judge of probate or other person collecting the same 
to the county superintendent of education and to be ex- 
pended for the benefit of the public schools of each 
county. 

7. A further sum of five hundred thousand dollars 
($500,000.00) annually for every scholastic year; pro- 
vided, however, that there is hereby appropriated the 
additional sum of one hundred thousand dollars ($100,- 
000.00) annually if in the judgment of the governor of 
Alabama the financial condition of the State treasury 
will permit of such additional appropriation. 

That the provisions of this act shall become effective 
October 1st, 1911. Provided, that the annual excess of 
the appropriation herein made over the appropriation 
carried by existing laws,* viz. : The sum of two hundred 
and fifty thousand dollars ($250,000.00) per annum, 
shall be paid only on the approval of the governor, who, 
as the state of the treasury in his opinion may warrant, 
may approve the same in whole or in part from time to 
time; provided, that if the governor shall fail to ap- 
prove in any year the full amount of the appropriation 
made for that year he may, if the condition of the treas- 
ury warrant, approve in any subsequent year or years 
the difference between the amount appropriated and 
that paid. 

Note — In addition to the sources of school revenue 
above enumerated, there is annually levied, by Constitu- 
tional requirements, for the maintenance of the public 
schools, a tax of thirty cents on each one hundred dollars 
assessed valuation of taxable property. 

Mobile and Baldwin counties levy a three-mill local 
tax, Escambia county a two-mill local tax, Jefferson 
county a one and one-half mill local tax, and forty-one 
other counties a one-mill tax. 

1679. (3540) (944) When appropriations accrue, 
placed to credit of educational fund. — All such appro- 

*The appropriation carried by existing laws is $350,000. 



PUBLIC SCHOOL LAWS OF ALABAMA. 5 

priations, excepl the poll tax, shall accrue to the educa- 
tional fund on the first day of October, in each year; 
and on that day the State auditor shall place to the 
credit of that fund, on the books in his office, all such 
amounts as accrue thereto from the sources in this arti- 
cle mentioned, except the poll tax, for the scholastic 
year beginning on that day. 



ARTICLE 2. 

OFFICERS AND BOARDS OF PUBLIC SCHOOLS. 

1680. (3541) (945) Officers and boards of admin- 
istration of public schools. — For the administration and 
government of public schools in this State, there are the 
following officers and boards of education: 

1. The superintendent of education. 

2. A county superintendent of education in each 
county. 

3. Three district trustees in each school district. 

4. One county board of education ; constituted as here- 
inafter provided. 



ARTICLE 3. 

SUPERINTENDENT OF EDUCATION. 

1681. (3542) (946) Term of office; salary.— "The 
Superintendent of Education" hfllds office for the term 
of four years from the time of his installation in office, 
and until his successor is elected and qualified, and 
shall receive a salary of three thousand dollars per an- 
num, payable in monthly installments, on the last day 
of each month, and shall not be eligible as his own suc- 
cessor. 

1682." (3543) (947) Oath of office and bond.— -Be- 
fore entering upon the duties of his office, he shall take 



6 PUBLIC SCHOOL LAWS OF ALABAMA. 

oath of office prescribed by the constitution, and shall 
also give bond, with sureties to be approved by the gov- 
ernor, in the sum of fifteen thousand dollars, condition- 
ed faithfully to discharge the duties of his office so long 
as he shall remain therein, or perform any of the du- 
ties thereof; and such bond shall be filed in the office of 
the secretary of state. 

1683. (3544) (948) Office and books, papers and 
records.— He shall have an office at the capitol of the 
State, where the bonds, papers and records of his office 
shall be kept, and where he shall give attendance when 
not absent on official business; and it shall be the privi- 
lege of all persons interested to have access, at all 
proper hours, to the books, papers, and records of the 
office. 

1684. (3545) (949) Clerks and their salaries. — 
He is authorized to employ a chief clerk, two bookkeep- 
ers, and a stenographer for service in his office ; and 
such clerks shall be allowed salaries as follows : The 
chief clerk, eighteen hundred dollars per year; the two 
bookkeepers, fifteen hundred dollars per year each ; the 
stenographer, seven hundred and fifty dollars per year, 
to be paid as the salaries of other department clerks are 
paid. 

1685. (3546) (950) Duties of the superintendent 
of education. — The duties of the superintendent of edu- 
cation shall be as follows : 

1. He shall devote ]jis time to the care and improve- 
ment of the common schools, and the promotion of pub- 
lic education, and shall exercise a general supervision 
over all the educational interests of the State; and to 
this end he shall have power to require from the county 
superintendent of education, township and district trus- 
tees of public schools, and all other school officers, all 
such reports and information relating to the educational 
fund, or the condition of the schools and the manage- 
ment thereof, as he may deem important, or as may be 
prescribed by law ; and he may remove from office any 



PUBLIC SCHOOL LAWS OF ALABAMA. 7 

such officer, except the county superintendent, for fail- 
ure to make such report, give such information, or dis- 
charge any other official duty. 

2. He shall annually, as far as practicable, visit 
every county in the State, for the purpose of inspecting 
the schools and their management, the accounts of 
county superintendents of education, and other school 
officers, and for diffusing as widely as possible, by per- 
sonal address and personal communication, information 
as to the importance of public schools and the best 
method for their management; and he shall encourage 
and assist at organizing and conducting teachers' and 
superintendents' in stitutes. 

3. He shall make provisions for instructing all pupils 
in all schools and colleges supported, in whole or in part, 
by public money, or under State control, in hygiene and 
physiology, with special reference to the effects of alco- 
holic drinks, stimulants, and narcotics upon the human 
system. 

4. He shall make provision for instructing all pupils 
in all schools and colleges supported, in whole or in 
part, by public moneys, or under State control, in the 
constitution of the United States and the constitution 
of the State of Alabama. 

5. He shall annually apportion the public school 
funds to the several counties, and the county board of 
education shall apportion the same to the school dis- 
tricts as required by section 256 of the Constitution, and 
shall see to the proper disbursement of the same ; and to 
this end he shall keep an accurate account with all offi- 
cers who may be custodians or disbursers of the school 
fund, or any part thereof. 

6. He shall prepare all forms and have printed and 
distributed all such blanks as may be necessary, or as 
may be required by law, in the administration of the 
public school system. 

7. He shall furnish the county superintendents and 
other school officers all necessary books for keeping 
their accounts and records, to be and remain public' 
property ; and he shall prescribe a uniform system of 
keeping such accounts and records. 



8 PUBLIC SCHOOL LAWS OF ALABAMA. 

8. He shall take receipts for all such books so fur- 
nished by him to school officers, and such officers shall 
take good care thereof, and turn them over to their suc- 
cessors in office. 

9. He shall keep a debtor and creditor account with 
each township, or other school district in the State, of 
all funds accruing thereto for educational purposes. 

10. He shall keep an accurate account of the capital 
of all sixteenth-section or other trust funds, to* which 
each township or school district may be entitled, show- 
ing whence and when such funds were derived. 

11. He shall preserve in his office all bonds of school 
officers and others required to be filed therein. 

12. He shall cause suits to be instituted and prosecut- 
ed against all defaulters to the educational fund, and for 
this purpose may employ attorneys; but he shall not 
have power to contract to pay such attorneys out of the 
educational fund more than ten per cent of the amount 
recovered by them in such suits; and of such fund he 
may pay such lawful costs as may be taxed against him 
as superintendent of education, in case he is cast in any 
such suits. 

13. He shall, by correspondence, exchange of official 
reports, and other proper means, elicit information rela- 
tive to the system of public education in other states and 
countries, and disseminate all useful knowledge regard- 
ing the same among the county superintendents and 
other school officers in the State. 

14. He shall collect in his office such school books, ap- 
paratus, maps, charts and specimens of improved school 
furniture as can be obtained without expense to the 
State. 

15. He shall prepare and have printed in pamphlet 
form by the public printer, all laws, rules, and regula- 
tions pertaining to the public school system of the 
State, including therein the constitution of the United 
States and the constitution of the State of Alabama, 
and cause the same to be distributed among the county 
superintendents of education, and other officers con- 
nected with the school system, for the information of 



PUBLIC SCHOOL LAWS OF ALABAMA. 9 

those interested in the educational interests of the 
State. 

16. He shall perform such other duties as are, or 
may be, prescribed by law. 

1G8G. (3547) (951) Report to governor; contents. 
— He shall also, annually, on or before the first day of 
December, report to the governor in writing — 

1. A brief history of his labors. 

2. An abstract of the reports received by him from the 
county superintendents of education, exhibiting the con- 
dition of the public schools. 

3. Estimates and accounts of expenditures of school 
money. 

4. An itemized statement showing how the contingent 
fund of his department and all other special funds or ap- 
propriations under his control have been disposed of. 

5. Such recommendations as he may desire to make 
for the improvement of the school system, and the care 
and increase of the educational fund. 

6. All such other matters relating to his office and to 
the public schools as he shall deem expedient to commu- 
nicate. 

1687. (3548) (952) Report to be printed and dis- 
tributed. — The governor shall, when such report is laid 
before him, direct the superintendent of education to 
have printed in the same manner and upon the same 
conditions as other printing is done, during the recess of 
the Legislature, a sufficient number of copies of the re- 
port to supply the county superintendents and district 
trustees of public schools, and other school officers, and 
for the usual exchange with other States, and with the 
leading cities of the United States; and it shall be the 
duty of the superintendent of education to distribute the 
same as indicated in this section. 

1688. (3549) (953) Vacancy filled by governor; 
term, etc., of appointee. — If the office of superintendent 
of education should at any time become vacant, by 
death, resignation, or otherwise, the governor shall ap- 



10 PUBLIC SCHOOL LAWS OF ALABAMA. 

point a suitable person to fill such office for the unex- 
pired term; and such appointee shall give bond and 
qualify in the same manner as if he had been elected 
for a full term. 



ARTICLE 4. 

TOWNSHIPS ABOLISHED. 

1689. Townships abolished; public schools re-district- 
ed. — Township lines for school purposes are abolished; 
provided the inhabitants of no township shall be de- 
prived of the sixteenth section or any fund arising there- 
from, or of selling and leasing such lands as provided by 
law. 



ARTICLE 5. 

TOWNSHIPS AND SCHOOL DISTRICTS INCORPORATED. 

1690. (3624) (1024) (963) (576) (502) Incorpora- 
tion of townships. — The inhabitants of each township in 

the State are incorporated by the name of "Township , 

of range ," according to the number of the surveys of 

the United States, .and the inhabitants of each school 
district are incorporated by the name and number by 
which it is known or designated. 



ARTICLE 6. 

SCHOOL DISTRICTS AND RE-DISTRICTING BOARDS; HOW 
CREATED. 

1691. District lines and boundaries ; how changed. — 
The lines and boundaries of any public school district 
heretofore established by general law or any special law 



PUBLIC SCHOOL LAWS OF ALABAMA. 11 

may be changed, or a new public school district may be 
created, by the vote of a majority of the county board 
of education, upon application to said board, and after 
notice of said application and of the time and place of 
hearing the same has been given by publication for 
three successive weeks in some newspaper published in 
said county, if a newspaper be published therin, and 
by posting written notices in at least three public places 
in the territory to be affected by said change. Said pub- 
lication and notice shall be made and given by the coun- 
ty superintendent of education, and the person or. per- 
sons making the application for such change shall de- 
posit with him a sum of money sufficient to pay the ex- 
penses of said publication and notices, such sum of 
money to be expended by him for that purpose. And 
whenever the boundaries of any public school district 
are changed by the county board of education or a new 
public school district shall be created by said board un- 
der this section, the county superintendent of education, 
within ten days after such change, or the creation of 
such district, shall file in the office of the judge of pro- 
bate of his county, an accurate description of such 
change, or of the district so created, and the judge of 
probate shall record the same in the book to be kept by 
him. The change of the lines or boundaries of any 
public school district or the creation of a new district 
under this section may also be made by adding to or 
taking from any district composed of an incorporated 
city or town such contiguous territory as such board 
may deem best. 



No. 93.) AN ACT (S. 80. 

To amend section 6 of an act approved July 17, 1907, 
entitled "An act to amend sections 6, 9, 10, 16, 17, 19 
and 20 of an act entitled an act to provide for the redis- 
tricting of the public schools of the State and for the 
management and control of the same, approved Septem- 
ber 30, 1903." 



12 PUBLIC SCHOOL LAWS OF ALABAMA. 

Section 1. Be it enacted by the Legislature of Ala- 
bama, That section 6 of an act approved July 17, 1907, 
entitled "An act to amend sections 6, 9, 10, 16, 17, 19 
and 20 of an act entitled an act providing for the redis- 
tricting of the public schools of the State and for the 
management and control of the same, approved Sep- 
tember 30, 1903," be and the same is hereby amended so 
as to read as follows : Section 6. That section 19 of said 
act be and the same is hereby amended so. as to read as 
follows : The provisions of this act shall not apply to 
any eounty heretofore districted by authority of a spe- 
cial law and which has a special levy from the county 
for the support of the public schools therein ; or to any 
city or town where the members of the board of educa- 
tion hold office for life under any act of the Legislature 
of Alabama approved prior to Feb. 15, 1891, but all 
other general, special, private or local laws creating or 
providing for any special or separate school district be 
and the same are hereby repealed. 

Approved August 25, 1909. 

1693. Incorporated cities' and towns separate school 
districts. — Each incorporated city or town in the State 
is a separate school district. 

1694. School districts not affected by county lines. — 
Any school district which, by the creation of new coun- 
ties or the change of county lines, shall lie in two or 
more counties, shall in no wise be repealed by the crea- 
tion of said new counties or the change of county lines. 

1695. Funds; how paid. — The superintendent of edu- 
cation of the counties in which said school districts shall 
lie, shall pay over to the treasurer of said school boards 
in said school districts all the funds or money coming 
into their hands due said school districts. 

1696. Repeal. — All laws as to school districts which, 
by the creation of new counties or the change of county 
lines, lie in two or more counties, which are in conflict 
with the provisions of this article, are repealed. 



PUBLIC SCHOOL LAWS OF ALABAMA. 13 

ARTICLE 7 

*DISTRICT TRUSTEES ; ELECTION, POWERS AND DUTIES. 

1G97. (3560) (9GC) District trustees; election of ; 
term of office. — On the first Saturday in July, 1908, 
and each fourth year thereafter, at an hour to be fixed 
and appointed by the county superintendent of educa- 
lion of each county, and to be uniform throughout the 
county, after notice has been given thereof by the county 
superintendent of education by publication in a newspa- 
per published in said county for three successive weeks 
(the expenses to be paid out of the county treasury), 
and if there be no newspaper published in the county, 
then by written notices sent to each of the chairmen of 
the boards of district trustees in such county, the quali- 
fied electors of each public school district shall meet at 
the district school house and elect from among the free- 
holders and householders who can read and write resid- 
ing in such districts, a local board of three district trus- 
tees whose duty shall' be as hereinafter provided. The 
chairman, or, in his absence, a member of the board of 
district trustees shall preside over such meeting and 
shall certify to the county superintendent of education 
the result of the election held thereat, which certificate 
must show the names of the district trusetes elected at 
said meeting for the district, and said certificate must 
be filed with the county superintendent of education 
within five days after such meeting and election; provid- 
ed, however, that in the event the chairman or other 
member of such board of district trustees should not be 
present at the time fixed for said meeting, or, being pres-. 
ent, should willfully fail or refuse to call said meeting to 
order or to preside over the same, then the qualified 
electors of such district assembled may choose from 
among their number a person to preside over such meet- 
ing, and such person shall be fully authorized to so pre- 
side and to make the certificate of election of district 
trustees had at such meeting and to file the same as here- 

*See page 149 for an act authorizing women to serve on boards of 
education. 



14 PUBLIC SCHOOL LAWS OF ALABAMA. 

in provided. Any qualified voter of such district may, 
within ten days after the holding of such election, con- 
test the election of any person or persons shown to be 
elected by said certificate, by filing a contest in writing 
with the county superintendent of education and ad- 
dressed to the county board of education, stating therein 
the ground for such contest, and it shall be the duty of 
the county board of education, upon notice to them by 
the county superintendent of education of the filing of 
such contest, to meet and hear and determine such con- 
tests within twenty days from the holding of the elec- 
tion. The county superintendent of education, upon 
the filing of all such contests, shall immediately notify 
in writing such person whose election is contested, of the 
filing of the same and of the date and place where such 
contest shall be heard. Such district trustees shall hold 
office for the term of four years from the time of their 
election and until their successors are elected and qual- 
ified. 

1698. District trustees; organization of. — The trus- 
tees provided for in the preceding section shall within 
ten days after their election or appointment meet at the 
public school district schoolhouse, or some place more 
convenient to all concerned, and shall organize by elect- 
ing one of their number chairman and another secretary 

1699. (3562) (968) Duties of district trustees.— 
The district trustees shall — 

1. Make enumeration of children within school age as 
provided by law. 

2. Care for all school property. 

3. Nominate teachers for their school districts, such 
nomination to be subject to the approval of the county 
board of education, the contract to teach to be made 
with said county board of education. 

- 4. Visit the schools within their respective districts, 
observe the management of the same, and make quarter- 
ly reports of the condition of such schools to the county 
superintendent of education. 



PUBLIC SCHOOL LAWS OF ALABAMA. 15 

5. Perform such other duties as may be required by 
the county board of education, hereinafter provided for. 
If said district trustees shall fail or refuse for a period 
of thirty days after required in writing' by the county 
board of education to nominate and submit for approval 
a teacher or teachers for their district, or for such period 
after so requiring in writing-, shall fail or refuse to 
perform any of the duties required of them under this 
section, the county board of education shall be author- 
ized to perform any such duties, including the nomina- 
tion and employment of teachers in lieu of said district 
trustees, wherein they have failed to perform them. 

*1700. (lidded schools increase number of trustees. — 
Whenever there has been established in any school dis- 
trict a system of graded schools free to the children of 
school age, within such district for a period of not less 
than eight months in each year, the electors of such dis- 
trict may increase the number of the district trustees to 
five, and assume entire control of the public schools 
therein ; provided, the trustees of such districts shall 
make all reports required by law to the county board of 
education. 

*1701. Municipal school district; board of education 
and trustees for. — In all municipalities where there is a 
board of education, the board shall have full charge and 
control of such separate school district, and shall have 
and exercise all the powers and authority conferred by 
law upon township trustees. In municipalities where 
there is no such board of education, the powers and du- 
ties of trustees shall devolve upon and be performed by 
the mayor and board of aldermen, or other governing 
body, of said municipality, and all funds due such sepa- 
rate school districts shall be paid to the board of educa- 
tion of such separate school district, or to the mayor, 
beard of aldermen, or other governing body of such mu- 
nicipality, where there is no such board of education, by 
the county superintendent of education, as required by 
law. 

*Prob;il>ly inoperative. 



16 PUBLIC SCHOOL LAWS OF ALABAMA. 

ARTICLE 8 

COUNTY SUPERINTENDENT OF EDUCATION 

1702. (3550) (954) One elected for each county — 
A county superintendent of education for every county 
shall be elected on the first Tuesday after the first Mon- 
day in November, 1908, and every fourth year thereafter, 
and all local, or special laws, in conflict herewith are 
expressly repealed. 

1703. (3551) (955) Term of office; removal— The 
term of office of county superinetndents shall commence 
on the first day of October next after their election, and 
shall hold office for four years and until their successors 
shall qualify, and shall not be required to file their offi- 
cial bonds until fifteen days before the beginning of the 
term of office, and the terms of all county superinten- 
dents now in office are hereby extended to the first dav 
of October, 1909. 

1704. (3552) (956) Oath of office and bond,— Ev- 
ery county superintendent of education, before entering 
upon the duties of his office must take oath of office pre- 
scribed by the constitution and give bond in an amount 
to be fixed by the superintendent of education, but in no 
case to be less than double the probable amount of 
money that may be in his hands at any time, with good 
and sufficient sureties, and payable and conditioned as 
official bonds of other public officers. 

1705. (3553) (957) Approval and record of bond. 
— Such bond must be approved by, and, with the oath of 
office, must be filed and recorded in the office of the 
judge of probate of the county; and a certified copy of 
the bond must also be filed in the office of the superinten- 
dent of education for his approval. 

1706. (3554) (958) New or additional bond; effect 
of notice to give. — The superintendent of education shall 
require of any county superintendent of education a new 



PUBLIC SCHOOL LAWS OF ALABAMA. 17 

or additional boDd in the same, or a different amount, as 
that of the original bond, whenever he shall find it neces- 
sary for the protection of the educational fund of the 
county ; and no county superintendent of education after 
receiving- notice to give such new or additional bond, 
shall continue in the discharge of the duties of his of- 
fice until such new or additional bond is given. 

1707. (3556) (960) His duties.— The duties of the 
county superintendent of education shall be as follows: 

1. He shall have an office at the county site of his 
county, where he must, on the first Saturday of each 
month from the beginning of the scholastic year until 
the close of the public schools of that year, be present to 
transact business with the officers and teachers of pub- 
lic schools. 

2. He must receive and take charge of any money, 
funds, property, or proceeds of any character, raised in 
his county by county taxation, or which may accrue to 
him or to the county from any gift, grant, bequest, de- 
vise, endowment, or otherwise, to be used in aid of, or in 
connection with, money apportioned to his county from 
the educational fund, and shall faithfully keep the same, 
separate and apart from any other funds or property 
whatsoever; and after the county board of education 
shall have apportioned the public funds of the county, as 
in this code provided, he shall by and with the consent 
of the county board of education, distribute and pay out 
all money raised in accordance with this subdivision; 
but, all money, raised by local taxation in any school 
district or incorporated city or town, shall be expended 
for the benefit of the district, city or town in which the 
money is raised, and by such persons, and in such man- 
ner, as are authorized by the laws in force for the control 
and government of public schools in such district, city 
or town. 

3. He shall examine into the condition of all school 
funds of his county, including the sixteenth-section 
fund, and sixteenth section lands unsold in his county; 
and he is authorized and required in the name of the 
State for the use of the township, to bring all necessary 



18 PUBLIC SCHOOL LAWS OF ALABAMA. 

suits for the recovery of the possession of such lands, or 
against trespassers thereon. 

4. He shall, as soon as he receives the annual appor- 
tionment of the educational fund to his county and the 
same has been apportioned among the districts by the 
county board of education, notify the district trustees of 
each district of the amount apportioned to each sep- 
arate school district. 

5. He shall enter in a book or books, kept for that 
purpose, the exact amount and date of all moneys re- 
ceived and paid out by him on account of the educa- 
tional fund of his county, showing by whom or to whom 
paid, and for what purpose, and also the amount of the 
educational fund apportioned to and distributed in 
each district for each race ; and such books shall be open 
to the inspection of all persons interested. 

6. He shall, on or before the fifteenth day of October 
of each year, forward to the superintendent of education, 
on blanks to be furnished him by the latter, an annual 
report of the public schools of his county for the preced- 
ing year, which shall set forth (1) the amount of school 
money received by him from all sources to the end of the 
year, specifying how much was received from each 
source; (2) how much has been disbursed by him during 
such year, for what purpose, and the names of teachers 
to whom money has been paid, the time they taught, and 
the total amount paid to each teacher; (3) the amount 
of funds then in hand for each township or school dis- 
trict in his county; and (4) the manner in which, and 
the extent to which, he has discharged the duties re- 
quired by law to be performed by him. 

7. He must, monthly, on the first Saturday in each 
month of each year, or as soon thereafter as practicable,, 
pay the teachers of the public schools, upon the certifi- 
cate of the trustees of the district in which the school 
was taught; and in counties in which separate districts 
have been established by special laws, he shall pay over 
to the officers authorized to receive the same their pro- 
portionate shares of the school revenues at the times, 
above designated. 



PUBLIC SCHOOL LAWS OF ALABAMA. 19 

1708. (3557) (963) Forfeiture for failure to make 
annual reports. — If any county superintendent shall 
willfully fail to make out and forward to the superinten- 
dent of education any annual report required by this ar- 
ticle, within ten days after the time it should be made, he 
shall be liable to a forfeiture of his commission, to be de- 
clared by the superintendent of education and to re- 
moval from office. 

1709. (558) (962) Books and accounts liable to ex- 
amination. — The books, accounts and vouchers of the 
county superintendent of education may be examined at 
any time by the superintendent of education in person 
or by duly authorized agent. 

1710. (3559) (965) Vacancies, hoio filled; term. 
etc., of appointees. — The superintendent of education 
shall fill all vacancies in the office of county superinten- 
dent of education, by appointment; and such appointee 
shall hold during the unexpired term, and until his suc- 
cessor qualifies, and shall give bond and qualify as is 
required by law. 

1711. (3555) (959) Compensation of county super- 
intendents of education. — For their compensation, they 
shall receive four per cent on all State public moneys 
legally disbursed by them, not to exceed the sum of 
eighteen hundred dollars for any calendar year. For all 
moneys received and disbursed by them, the county su- 
perintendents shall account to the superintendent of 
education, as now provided by law. 



No. 269. ) AN ACT ( H. 244. 

To prescribe the duties and powers and to fix the 
compensation of the county superintendents of educa- 
tion of the several counties of this State. 

Section 1. Be it enacted by the Legislature of Ala- 
bama, That the duties and powers of the county superin- 



20 PUBLIC SCHOOL LAWS OF ALABAMA. 

tendent of education shall be as follows : He shall have 
an office at the county site of his county, where he must, 
od every Saturday of each month except in the months 
of June, July and August, be present in person or by 
representative to trausact business with the officers and 
teachers of the public schools. He shall examine into 
the condition of all school funds of his county including 
the sixteenth section fund, and sixteenth section lands 
unsold in his county. He shall as soon as practicable, 
notify the district trustees of each district of the amount 
available as salaries of the several teachers in the dis- 
trict. He shall, when required by the county board of 
education, devote his entire time to the work of visiting 
and supervising the schools of the county when any of 
the public schools are in session, visiting all of the 
schools of the county as often as possible, and each of 
them at least once annually. When visiting a school, he 
shall notice carefully the condition of the school house, 
grounds and equipments, calling to the attention of the 
local trustees any apparent needs of the school. He 
shall observe the class work of each teacher and, when 
necessary, give model lessons for the benefit of the 
teacher. He shall encourage the organization of school 
improvement associations, and the building up of school 
libraries. He shall make, on blanks furnished by the 
State department of education, monthly reports to the 
county board of education, covering fully and in detail 
his work during the preceding month, sending a dupli- 
cate report to the superintendent of education at Mont- 
gomery. He shall, on or before the fifteenth day of Octo- 
ber of each year, forward to the superintendent of edu- 
cation, on blanks to be furnished him by the latter, an 
annual report for the preceding year, which shall set 
forth (1) The amount of school money paid into the 
hands of the treasurer of the county school funds and 
from what sources; (2) The amount disbursed by the 
treasurer and for what purpose; (3) What amounts of 
public school funds, if any, passed through his hands 
into the hands of the county treasurer of the public 
school funds and from what sources; and his annual re- 
port shall supply whatever information may be called 



PUBLIC SCHOOL LAWS OF ALABAMA. 21 

for by the State superintendent of education touching 
the public schools of the county. 

Sec. 2. Each county superintendent shall receive 
four per centum of all State public money legally dis- 
bursed in his county not to exceed the sum of eighteen 
hundred dollars for any calendar year; provided, if the 
county board of education of any county should, by a 
majority vote of the board, require the full time of the 
county superintendent in the discharge of the duties of 
his office, the said county board shall fix his compensa- 
tion on a salary basis instead of a per centum on dis- 
bursements as otherwise provided in this section, and 
said salary shall be fixed at a sum not less than one 
thousand dollars per annum, payable in twelve equal 
monthly payments in the same manner and out of the 
same moneys as other teachers are paid, his name being 
placed on the pay roll with other teachers. To aid the 
county superintendent in the discharge of his duties, 
the county board of education may employ such assist- 
ants as they may deem necessary. These assistants 
shall be paid in the. same manner as other teachers of 
the county are paid. 

Sec. 4. The provisions of this act shall become effect- 
ive on the expiration of the terms of the county superin- 
tendents now in office. All laws and parts of laws in 
conflict with the provisions of this act be and the same 
are hereby repealed. 

Approved April 8th, 1911. 



ARTICLE 9.* 

COUNTY BOARDS OF EDUCATION ; ELECTION, POWERS, AND 
DUTIES OF. 

1712. County boards of trustees. — The chairmen of 
the several boards of district trustees shall meet at the 
court house of their respective counties, the second Sat- 

*See page 149 for an act to authorize women to serve on boards of 
education. 



22 PUBLIC SCHOOL LAWS OF ALABAMA. 

urday in August after their election, and shall elect four 
county school trustees, who shall hold office for the 
term of four years from the date of their election and 
until their successors are elected and qualified. Before 
entering upon the duties of office, they shall take the 
oath of office prescribed by the constitution of the State. 

1713. (3583) (989) County board of education. — 
County superintendent of education and said four coun- 
ty trustees shall constitute the county board of educa- 
tion within their respective counties. The county super- 
intendent of education shall be the chief executive offi- 
cer of said county board of education and shall see that 
all rules, regulations and orders of said county board are 
enforced; provided, that no district trustee shall, during 
his term of office, be eligible to election as a county trus- 
tee, nor shall more than one teacher actively engaged in 
teaching in the public schools in this State be a member 
of said county board of education at one and the same 
time. The court of county commissioners, or board of 
revenue, of each county, shall provide, at the expense of 
the county, all necessary blank books, stationery, and 
postage for the use of the county board of education of 
the county. 

1714. (3583) (989) Vacancies in boards of educa- 
tion; how filled. — Any vacancy on the county board of 
education shall be filled by the superintendent of educa- 
tion of the State by and with the approval and consent 
of the governor, for the unexpired term, and any vacan- 
cy on a board of trustees shall be filled for the unexpired 
term by the county board of education. 

*1715. Powers and duties of county boards of trus- 
tees. — The county board of education shall have entire 
control of the public schools within their respective 
counties, unless otherwise provided by law. They shall 
make rules and regulations for the government of the 
schools, see that the teachers perform their duties and 

*See section 2 of an act approved April 8, 1911, page 21. 



PUBLIC SCHOOL LAWS OF ALABAMA. 23 

exorcise such powers, consistent with the law, as in their 
judgment will best subserve the cause of education. The 
board shall have the right to acquire, purchase, lease, 
receive, hold, transmit, and convey the title to real and 
personal property for school purposes, except where 
otherwise provided. Said board of education shall, by 
and in the name of the county board of education, sue 
and contract; all contracts to be made after resolution 
adopted by said board, and spread on its minutes and 
signed by the president and all process shall be executed 
on the secretary of said board. 

1716. Pay or compensation of county board of educa- 
tion. — Each of the four members of the county board of 
education shall receive from the public school fund of 
the county, to be disbursed by the county superintendent 
of education, two dollars a day for each day's work de- 
voted by him to the public schools; provided, he shall 
not receive pay for more than ten days in any one year-. 
The county superintendent of education shall apportion 
among the several school districts the amount of com- 
pensation to be paid to the members of the county board 
of education, and account for the same in like manner as 
provided for the compensation paid to teachers in such 
districts. 



No. 487.) AN ACT I H. 218. 

To provide for the office of county treasurer of public 
school funds in the several counties of Alabama and to 
prescribe the duties thereof. 

Section 1. Be it enacted by the Legislature of Ala- 
bama, That the county boards of education of the several 
counties of this State be and they are hereby authorized 
to select annually some suitable person in the county to 
act as treasurer of the public school funds of the county. 

Sec. 2. The said treasurer of the school funds in each 
county shall receive and take charge of auy money, 
funds, property or proceeds of any character, raised in 



24 PUBLIC SCHOOL LAWS OF ALABAMA. 

his county by county taxation, or which may accrue to 
him or to the county from any gift, grant, bequest, de- 
vise, endowment or otherwise, to be used in aid of, or in 
connection with, money apportioned to his county from 
the educational fund, and shall faithfully keep the same 
separate and apart from any other funds or property 
whatsoever; and after the county board of education 
shall have apportioned the public school funds of the 
county, as in this code provided, he shall, upon the certi- 
fied payroll of the county superintendent distribute and 
pay out the money raised in accordance with this subdi- 
vision, but all money, raised by local taxation in any 
school district or incorporated city or town, shall be ex- 
pended for the benefit of the district, city or town in 
which the money is raised, and by such persons, and in 
such manner, as are authorized by the laws in force for 
the control and government of public schools in such 
district, city or town. 

Sec. 3. He must, monthly, on the first Saturday in 
each month of each year, or as soon thereafter as practi- 
cable, pay the teachers of the public schools, upon the 
certified payroll of the county superintendent of educa- 
tion. He shall give bond in twice the probable sum of 
public school money including any amounts of State 
school funds payable to him by the State treasurer 
which he may have on hand at any one time, said 
amount of bond to be fixed and approved by the State 
superintendent of education. 

Sec. 4. For all money paid out under the terms of 
this act, the said treasurer shall keep proper vouchers 
subject to the inspection of the State examiner of ac- 
counts, or assistant examiner, and he shall make such 
annual reports as may be called for by the State super- 
intendent of .education. 

Sec. 5. All laws and parts of laws in conflict with 
the provisions of this act be and the same are hereby 
repealed. 

Approved April 18, 1911. 



TUBLIC SCHOOL LAWS OF ALABAMA. 25 

ARTICLE 10 

ENUMERATION OR CENSUS OF SCHOOL CHILDREN 

1717. Census or enumeration of school children. — 
The district trustees of each public school district iu 
this State, whether existing under general law or cre- 
ated by special or local law, and the boards of education 
or school trustees, or other governing board or body, of 
any public school district, lying in any incorporated 
town or city in this State, shall cause to be made during 
the mouth of July, 1908, and every even-numbered year 
thereafter, an enumeration of all the children within 
school age residing in each of said several school dis- 
tricts, and to that end said trustees, or boards of educa- 
tion, or other governing board or body, shall select and 
appoint a proper and competent person to make such 
enumeration, on blanks to be prepared and provided by 
the superintendent of education of the State, and such 
person shall make a report of such enumeration under 
oath to the county superintendent of education of his 
county by the 15th day of August next succeeding the 
time of the taking of said census. The county superin- 
tendent shall then make a written verified report by dis- 
tricts to the superintendent of education of the State. 

1718. Compensation of enumerators. — The court of 
county commissioners, or board of revenue, or other 
court of like jurisdiction for each county, shall fix the 
compensation of each of said persons taking such school 
census in each district, no part of which is situated in 
any incorporated town or city, and shall order the same 
paid to such persons out of the general funds in the 
county treasury of the county wherein such enumera- 
tions are made, and the mayor and city council, or other 
governing body, of any municipality wherein a pub- 
lic school district is situated, in whole or in part, shall 
fix the compensation of the person who shall take the 
school census in such district, and shall order the same 
paid out of the treasury of such town or city. 



26 PUBLIC SCHOOL LAWS OF ALABAMA. 

7755. False or fraudulent enumeration of school chil- 
dren; penalty for. — Any person appointed to make an 
enumeration of the children within school age of any 
public school district in this State as required by. law, 
who shall knowingly make a false or fraudulent enumer 
ation or report of the number of children within school 
age residing in such district, shall be guilty of a misde- 
meanor, and, on conviction, shall be punished by a fine 
of not less than one hundred dollars nor more than five 
hundred dollars, and shall also be sentenced to hard la- 
bor for the county for not less than six months nor more 
than twelve months. 



ARTICLE 11 

TEACHERS; QUALIFICATIONS, LICENSE, POWERS, AND 
DUTIES OF 

1719. Board of examiners. — There shall be constitut- 
ed a State board of examiners to be composed of the 
superintendent of education, who shall be the president 
of the board, and two other persons, to be appointed by 
him, who shall be teachers of extensive experience and 
recognized ability. The ter m of office of said board 
shall be co-equal with that of the superintendent of edu- 
cation. 

1720. (Repealed.) 

1721. List of questions prepared. — The State board of 
examiners shall prepare questions for the examination 
of teachers and the president of the State board of exam- 
iners shall cause lists of the questions so prepared to be 
printed and shall ten days before the date of each exam- 
ination send to each person appointed to conduct exam- 
inations in the counties of the State a sufficient number 



Note. — A copy of the pamphlet containing the rules and regulations 
governing the examination of teachers in Alabama may be secured 
by writing to the superintendent of education at Montgomery. A 
one cent stamp should be enclosed to cover postage. 



PUBLIC SCHOOL LAWS OF ALABAMA. 27 

of Hie lists. The questions so sent shall be enclosed in a 
sealed package arid the said seal shall not be broken, ex- 
cept as provided by law. 

7750. Stealing examination questions, penalty for. — 
Any person who purloins, steals, buys, receives, sells, 
.gives, or otters to buy, give, or sell any examination 
questions or copies thereof of any examination provided 
by law before the date of examination for which they 
had been prepared shall be guilty of a misdemeanor, 
and upon conviction thereof shall be fined not less than 
one hundred dollars, and may be sentenced to hard labor 
for the county for not less than six months. 

1722. Times for examinations of teachers. — The third 
Mondays in April, July and December are appointed for 
the examination of teachers. The examination may be 
continued from day to day for three consecutive days, if 
such continuance shall be necessary for the completion 
of the work of the examination, but no examination 
shall be begun on any other day than the first day men- 
tioned in this section. No examination shall be held 
at any other time. 

1723. (Repealed.) 

1721. Examinations in counties; by whom and how 
conducted. — The regular examination shall be conduct- 
ed in each county by the county superintendent of edu- 
cation unless for good and substantial reasons the State 
board of examiners shall deem it best to select for their 
service another person appointed for that purpose by 
the State board of examiners, and if he shall be unable, 
by reason of sickness or other unavoidable necessity to 
conduct the same, then by some other competent person 
appointed for that purpose by him. Said examination 
shall begin at 10 o'clock a. m. of the day appointed, at 
which hour the person appointed to conduct the exam- 
ination shall, in the presence of the applicants for exam- 
ination, break the seal of the envelope containing the list 
of questions, and shall distribute the questions among 



28 PUBLIC SCHOOL LAWS OF ALABAMA. 

the applicants. All applicants shall undergo the ex- 
amination in the same room, or -in sight of the person 
appointed to conduct such examination. 

1725. Examination fees. — Each applicant for exam- 
ination shall, before entering upon the examination, de- 
posit with the person appointed to conduct the examina- 
tion an examination fee as follows : An applicant for a 
third grade certificate, a fee of one dollar ; an applicant 
for a second grade certificate, a fee of one and one-half 
dollars; an applicant for a first grade certificate, a fee 
of two dollars ; an applicant for a life certificate, a fee of 
three dollars. The fees received from the examination 
of teachers at regular examinations shall be paid into 
the State treasury to the credit of the educational fund, 
and the State auditor shall, on the requisition of the 
superintendent of education, issue warrants on the State 
treasurer, to be paid out of the educational fund, for 
the purpose of carrying out the provisions of this arti- 
cle, such as the payment of expenses for postage, for ex- 
pressage, for clerk hire, for State board of examiners. 

1726. Compensation of the appointed members of the 
State board of examiners. — The secretary of the State 
board of examiners shall receive twenty-four hundred 
dollars per annum and the other appointed member 
shall receive twelve hundred dollars per annum payable 
in equal monthly installments out of the general edu- 
cational fund. 

1727. Compensation of examiners. — The county su- 
perintendent or person appointed to conduct the exam- 
ination in each county shall receive ten dollars for his 
services in conducting each examination and may be 
allowed five dollars for each assistant employed; pro- 
vided that an assistant may be employed for each fifty 
applicants or fraction thereof over and above the first 
fifty in any given county. Tables or desks shall be fur- 
nished by the county superintendent of education to be 
used by the applicants on such examination ; and the 
county superintendent shall furnish to the State super- 



PUBLIC SCHOOL LAWS OF ALABAMA. 29 

intendent a sworn statement of the amount expended 
therefor, which amount shall be paid from the educa- 
tional fund upon the approval of the Stale superin- 
tendent. Provided that in no case shall the amount al- 
lowed exceed ten cents per applicant. 

1728. r r<<i</i as shall not receive assistance on exam- 
ination. — Teachers on examination shall not be permit- 
ted to sit near enough to one another to read the other's 
papers, and no teacher on examination shall receive 
any assistance from any other person, or by reference 
to any book, map, or chart, or from any other source, 
and no person shall be licensed to teach who shall en- 
deavor to procure any such assistance. 

1729. Statement signed by teachers. — Each teacher 
so examined shall, upon the completion of his examina- 
tion, sign a statement that he or she has not received 
any assistance in said examination from any source; 
which statement shall be kept on file by the county su- 
perintendent of education. 

1730. Applicant must be of good moral character — 
Unless the applicant is known to the person appointed 
to conduct the examination to be of good moral charac- 
etr, or shall make satisfactory proof of the same, in 
writing, he or she shall not be admitted to the examina- 
tion. 

1731. Habitual use of profane language or intoxi- 
cants. — Any one who habitually uses profane language 
or intoxicants shall be deemed of immoral character. 

1732. (3576) (983) Grades of certificates.— There 
shall be three grades of teachers' certificates, besides 
the life certificate, hereinafter provided, to be known as 
certificates of the first, second, and third grades, each 
of which must show the branches in which the holder 
has been examined, and his general average. 

1733. (3576) (983) Percentage and certificate re- 
quired. — In no case shall an applicant for a certificate 



30 PUBLIC SCHOOL LAWS OF ALABAMA. 

receive the same who fails to answer fifty per cent of the 
questions propounded in any branch, aud whose general 
average is below seventy-five per cent. Every teacher in 
the public schools must obtain a certificate prior to his 
employment. 

1734. (3577) (984) Branches of learning examined 
upon. — Applicants for third grade certificates shall be 
examined in the following branches: Orthography, 
reading, penmanship, grammar, practical arithmetic, 
United States history, geography, the elementary prin- 
ciples of physiology and hygiene and agriculture, and 
theory and practice of teaching; for second grade cer- 
tificates they shall be examined in all the foregoing- 
branches, with additional requirements in arithmetic, 
history of Alabama, English grammar and literature, 
intermediate geography, United States history and 
civics and class management; for the first grade certifi- 
cates, they shall be examined in all the foregoing 
branches, and also in algebra, geometry, physics, ele- 
mentary psychology, the school laws of Alabama, and 
advanced English; for life certificates, the history of 
education. 

1735. Examinations shall be written; kind of paper 
and ink to be used. — In all examinations under this 
article, the answers shall be written on legal cap paper, 
with pen and ink. The subject or branch shall be plain- 
ly written at the top of the page, and the answers shall 
be numbered to correspond with the questions. 

1736. Examination papers delivered to examiner; 
transmission to board. — When an applicant shall have 
completed his examination, he shall write his name and 
address on each paper of the same, and deliver the same 
to the person appointed to conduct the examination, 
who shall enclose the papers of each applicant in a sep- 
arate envelope, together with his certificate of the good 
moral character of the applicant, or the written proof 
of the same, on which he admitted the applicant to ex- 
amination, and shall transmit the same to the secretary 
of the State board of examiners without delav. 



PUBLIC SCHOOL LAWS OF ALABAMA. 31 

1737. Board examine* and grades papers. — The State 
board of examiners shall examine the papers coming to 
it under the provisions of the preceding section, as ex- 
peditiously as possible, and shall mark upon each paper 
the teacher's grade in that branch, according to the cor- 
rectness or approximate correctness of the answers. 

1738. Certificates issued, — If, upon such examina- 
tion, it appears that the applicant is entitled to receive 
a certificate, the secretary of the board shall prepare a 
certificate in conformity with this article. The certifi- 
cate shall be signed by the secretary of the State board 
of examiners and the superintendent of education, and 
shall be transmitted to the teacher entitled to the same. 

1739. Examination papers kept on file six months. — 
All examination papers shall be kept on file in the office 
of the superintendent of education subject to public in- 
spection for six months. 

1740. (3579) (985) Lifetime of certificates, — Cer- 
tificates granted under the provisions of this article 
shall entitle the holder to teach in the public schools of 
any county in this State for the following period of 
time: A third-grade certificates, two years; a second- 
grade certificate, four years; and a first-grade certificate, 
six years from the date of issuance of the same. 

1741. Life certificates. — Whenever any teacher ap- 
plying for a certificate shall make proof that he has 
been engaged for five years in teaching under a first- 
grade certificate, which proof the county superintendent 
of education shall transmit to the State board of exam- 
iners, and shall show a high degree of proficiency and 
professional attainment, such teacher may be granted a 
life certificate signed as prescribed for other certificates. 

1742. {Repealed.) 



Note. — A copy of the pamphlet containing the Rules and Regula- 
tions governing the examination of teachers in Alabama may be se- 
cured by writing to the Superintendent of Education at Montgom- 
ery. A one-cent stamp should be enclosed to cover postage. 



32 PUBLIC SCHOOL LAWS OF ALABAMA. 

1743. Revoking certificates. — The superintendent of 
education shall revoke the certificate of any teacher who 
shall be guilty of immoral conduct or unbecoming or in- 
decent behavior. 

1744. Register of licensed teachers. — The secretary 
of the State board of examiners shall keep a register of 
all teachers examined and licensed under this article, 
showing the name and postoffice address of each teacher, 
and the date and grade of his certificate, and shall keep 
the same on file in the office of the superintendent of 
education, and shall devote his time, when not engaged 
in the work of examining teachers, to clerical work in 
the department of education. 

1745. Separate districts. — The provisions of this ar- 
ticle shall not be construed as to prohibit separate 
school districts of two thousand inhabitants or more, 
having authority at present by their charter to examine 
teachers, to further examine teachers who have certifi- 
cates granted under this article. 

1746. (3578) Instructions as to the nature of alco- 
holic drinks and narcotics. — Every teacher shall give 
instructions as to the nature of alcoholic drinks, tobac- 
co, and other narcotics, and their effect upon the human 
system, and such subject shall be taught as regularly as 
any other in the public schools. 

1747. Teaching agriculture in public schools. — In ad- 
dition to the branches now taught in the public schools, 
instruction shall be given in the elementary principles 
of agriculture, and said subject shall be taught as regu- 
larly as other branches are taught in said school, by the 
use of a text-book in the hands of the pupils, and such in- 
struction shall be given in all the public schools of the 
State. 

1748. (3580) (986) Register kept by teacher and 
submitted. — Every teacher of a public school must keep 
a register of the actual daily attendance of the pupils 



PUBLIC SCHOOL LAWS OF ALABAMA. 33 

in his school, and must submit such register to the dis- 
trict trustees for their inspection. 

1749. (3581) (987) Monthly report; not entitled to 
compensation until forwarded. — Every teacher of a pub- 
lic school must, within five days after the end of each 
scholastic month, forward to the county superintendent 
of education, a complete report, setting forth the enroll- 
ment, attendance, the branches taught, and the number 
of pupils in each, distinguishing between the boys and 
the girls, and stating whether a white or colored school ; 
also the number of days taught, the amount due for ser- 
vices from school revenues of the district, the number 
of visits by district trustees, and the name and post- 
office address of the teacher; and such report must be 
sworn to by the teacher before some one of the district 
trustees, and approved by them; and no teacher can 
draw any pay for the services rendered by him until he 
has forwarded his report in accordance with the require- 
ments of this section. 

1750. (35S2) (988) To be paid monthly.— The 
teachers of public schools shall be paid monthly, as 
provided in this chapter. 



No. G4.) AN ACT (H. 344. 

To authorize the State board of examiners to issue 
first grade certificates to graduates of certain institu- 
tions of higher learning of this and other States; to pro- 
vide for the issuance of teachers' certificates to persons 
holding certificates granted in other States ; to authorize 
the extension of the terms of first grade certificates, of 
second grade certificates, and of third grade certificates; 
and to repeal section 1723 of the Code of Alabama as 
amended by section 4 of an act approved August 21, 
1909. 

Be it enacted by the Legislature of Alabama: 

2SL 



34 PUBLIC SCHOOL LAWS OF ALABAMA. 

1. That the State board of examiners is hereby author- 
ized to grant a first grade teacher's certificate without 
further examination to graduates of the class A normal 
schools of Alabama and to the graduates of such other 
institutions of higher learning in this and other states as 
may maintain departments for teacher-training meeting 
such requirements as may be designated by the State 
board of examiners; provided, that certificates shall be 
issued only to such graduates of the different institu- 
tions as have successfully passed a minimum number of 
courses in educaion designated and approved by the 
State board of examiners. 

2. That the State board of examiners is hereby author- 
ized to grant a certificate of qualification to teach in the 
public schools of the State to any person holding a cer- 
tificate, license, or diploma authorizing said person to 
teach in the public schools of any other state ; provided, 
that the certificate, license, or diploma shall have been 
originally issued for and in consideration of qualifica- 
tions at least equal to those required for a certificate of 
the same grade in this State ; provided further, that the 
certificate, license or diploma shall be valid in this State 
for the period for which it shall have been issued in the 
State where it was originally granted and may, in the 
discretion of the board of examiners, be made valid for 
a shorter period. For the purpose of carrying out the 
provisions of this section, it is hereby made the duty of 
any county superintendent of education under such 
rules and regulations as may be prescribed by the State 
board of examiners, to forward to the State board of ex- 
aminers within five days after the receipt thereof, any 
certificate, license, or diploma which may have been is- 
sued in any other state and which may be placed in his 
hands with "an application for a certificate of qualifica- 
tion to teach in this State. Said county superintendent 
of education shall accompany the certificate, license, or 
diploma so forwarded to the State board of examiners 
with any material facts of which he may have knowledge 
regarding the holder thereof. Upon receipt of the cer- 
tificate, license, or diploma and application, the State 
board of examiners shall examine the same together 



PUBLIC SCHOOL LAWS OF ALABAMA. 35 

with any facts relating thereto or to the holder thereof, 
which may have come to its notice, and shall within ten 
days thereafter either issue a certificate to applicant or 
transmit to the county superintendent from whom the 
application shall have been received, notice that the ap- 
plication is denied. The State board of examiners may, 
under the authority conferred by this section, issue a 
first grade certificate, a second grade certificate, or a 
third grade certificate. 

o. That the State board of examiners is hereby au- 
thorized to extend consecutively from year to year for 
a period of one year at a time and for a total of not more 
than four consecutive years, any first grade certificate, 
any second grade certificate, or any third grade certifi- 
cate; provided, that the holder of any such certificate 
shall have attended some institution of higher learning 
for at least six weeks and shall have pursued a course of 
professional study designated and approved by the State 
board of examiners during the year next preceding the 
one for which extension of certificate for one year is 
sought to be granted. 

4. The applicant for a certificate or for the extension 
of any certificate under the provisions of this act shall 
pay the same fees as are now charged applicants for cer- 
tificates of the same grade. 

5. That section 1723 of the Code of Alabama of 1907, 
as amended by section 4 of an act approved August 21, 
1909, be and the same is hereby repealed. 

6. All laws or parts of laws in conflict with the pro- 
visions of this act be and the same are hereby repealed. 

Approved February 17, 1915. 



86 PUBLIC SCHOOL LAWS OF ALABAMA. 

CRIMINAL PROVISIONS OF PUBLIC SCHOOL 

LAW. 

6413. Injuring or defacing public or private build- 
ings, or fences thereof. — Any person who willfully in- 
jures or defaces any church, or schoolhouse, or building 
belonging to the State, or to any county, city, town, or 
person, or writes or draws figures, letters, or characters 
on the walls thereof, or on the fences or inclosures 
thereof, must, on conviction, be fined not less than ten 
nor more than one hundred dollars, and may also be 
imprisoned in the county jail, or sentenced to hard labor 
for the county, for not more than three months; and the 
fine goes to the injured party. It shall not be necessary 
to aver or prove the ownership of any church or school- 
house in prosecutions under this section. 

6769. Disturbing people met for school purposes or 
holiday. — Any person who willfully disturbs any school, 
or other assemblage of people, met for any lawful pur- 
pose, or for amusement or recreation on a holiday for a 
school, must, on conviction, be fined not less than five 
nor more than fifty dollars. 

6834. Embezzlement by using school money for other 
than school purposes. — Any person into whose hands, or 
under whose control, any of the public school money 
may come, who uses or permits the use of the same, or 
any part thereof, except for purposes of the public 
schools, and in accordance with the law regulating the 
public schools, and providing for the disbursement of 
the public school money, is guilty of embezzlement, and, 
on conviction, must be punished as if he had stolen it. 

6897. Shooting, throioing missiles into, etc., dwelling 
and other houses. — Any person who shoots a pistol or 
other firearm or slingshot, or who throws a stone or 

[Schoolmaster stands in loco parentis and may, in a proper case, 
inflict corporal punishment ; but is criminally liable for an abuse 
of his authority. — Boyd v. State, 88 Ala. 1G9 ; McCormack v. State, 
102 Ala. 156.] 



PUBLIC SCHOOL LAWS OF ALABAMA. 37 

other missile at, into, in, through, or against a dwelling 
house, school house, church building, factory storehouse, 
courthouse or house or building used for manufacturing 
purposes, or any house or building used for the assem- 
blage of people for business or pleasure, shall be guilty 
of a misdemeanor, and, on conviction thereof, shall be 
lined not more than one thousand dollars, and may be 
sentenced to hard labor for the county for not longer 
than twelve months. 

7750. Stealing examination questions, penalty for. — 
Any person who purloins, steals, buys, receives, sells, 
gives, or offers to buy, give, or sell any examination 
questions or copies thereof of any examination provided 
by law before the date of the examination for which 
they had been prepared shall be guilty of a misdemean- 
or, and, upon conviction thereof, shall be fined not less 
than one hundred dollars, and may be sentenced to hard 
labor for the county for not less than six months. 

7751. Use of other than contract books in public 
schools. — Any teacher who shall use or permit to be 
used in his or her school any text-book upon the 
branches for which text-books are adopted, where the 
commission has adopted a book upon the branch, other 
than the one so adopted, except supplementary books, 
shall be guilty of a misdemeanor, and, upon conviction, 
shall be punished by a fine of not less than ten dollars 
nor more than fifty dollars. 

7752. Charging more than contract price for school 
books.— Any local agent, dealer, clerk, or other person 
handling or selling the books adopted as school text- 
books, who shall demand or receive for any copy of any 
of the books so adopted more than the contract price, in 
cases w T here the purchase is for cash, shall be guilty of a 
misdemeanor, and, upon conviction, shall for each of- 
fense be punished by a fine of not less than fifty nor 
more than five hundred dollars. 

7753. Text-book provisions; violation of, penalty. — 
Any person or teacher violating the provisions of article 



38 PUBLIC SCHOOL LAWS OF ALABAMA. 

18 of chapter 41 of this code as to text-books, shall be 
guilty of a misdemeanor and, upon conviction, shall be 
fined not less than ten dollars nor more than fifty dol- 
lars. 

7754. Schoolhouse warrants or proceeds, wrongful 
application of; penalty. — Any person who shall know- 
ingly use or apply or authorize the use or application 
of the proceeds, or any part thereof, of any warrant de- 
livered to him under article 31 of chapter 41 of this 
code, for the purpose or objects other than as required 
by said articles, shall be guilty of a misdemeanor and, 
on conviction, shall be fined not less than two hundred 
dollars nor more than one thousand dollars, and may 
also be imprisoned in the county jail or sentenced to 
hard labor for the county for not more than six months. 

7755. False or fraudulent enumeration of school 
children; penalty for. — Any person appointed to make 
an enumeration of the children within school age of any 
public school district in this State as required by law, 
who shall knowingly make a false or fraudulent enumer- 
ation or report of the number of children within school 
age residing in such district, shall be guilty of a misde- 
meanor, and, on conviction, shall be punished by a fine 
of not less than one hundred dollars nor more- than five 
hundred dollars, and shall also be sentenced to hard la- 
bor for the county for not less than six months nor more 
than twelve months. 



ARTICLE 13 

CHILDREN AND PUPILS ELIGIBLE TO PUBLIC SCHOOLS 

1755. (3595) (1000) Pupils entitled to instruction 
in public schools. — Every minor over the age of seven 
years shall be entitled to admission into, and instruction 
in any public school of his or her own race or color in 
this State. 



PUBLIC SCHOOL LAWS OF ALABAMA. 39 

175G. (3597) When non-residents entitled to school 
privileges. — Any parent or guardian residing within the 
State who shall pay a local or special tax on real estate 
valued at tive hundred dollars or more, in any city or 
school district, shall be entitled to the privileges and 
benefits of the public schools in such city, or school dis- 
trict, for their children, the same as parents and guardi- 
ans resident therein. The provisions of the charter of 
any municipality, or separate school district, in conflict 
herewith, are expressly repealed. 

1757. (3G00) (1003) Separate schools for the tioo 
races. — In no case shall it be lawful to unite in one 
school children of the white and colored races. 



ARTICLE 14 

EXAMINATIONS IN PUBLIC SCHOOLS 

1758. (3599) (1002) Public examinations, and cer- 
tificates to pupils. — Public examinations must be held 
in the public schools at least once in every year ; and 
when the board of education shall be satisfied that any 
pupil has become thoroughly educated in all the 
branches of free instruction in any one of such schools, 
they shall give to him or her a certificate to that effect. 



ARTICLE 15 

SCHOLASTIC PERIODS 

1759. (359S) (1001) Scholastic periods.— The scholas- 
tic year shall begin on the first day of October of each 
year, and end on the thirtieth day of September of the 
following year; twenty days shall constitute a school 
month, and a school day shall be not less than six 
hours. 



40 PUBLIC SCHOOL LAWS OF ALABAMA. 

ARTICLE 16 

APPORTIONMENT OF SCHOOL FUND ; DISBURSEMENT 

1760. (3601) (1004) State auditor certifies amount 
of educational fund; superintendent apportions. — On 
the first day of October of each year, or as soon there- 
after as practicable, the State auditor shall certify to the 
superiDtendent of education the amount of money which 
has accrued and been placed by him to the credit of the 
educational fund for the scholastic year commencing on 
that day, stating specifically the amount derived from 
each source, and any unexpended balance there may be 
from the appropriation of the previous year to be car- 
ried forward ; and the amount so certified shall be ap- 
portioned by the superintendent of education, and be 
drawn and disbursed as provided by law. 

1761. (3602, 3605) (1005, 1008) Contingent ex- 
penses and amount for normal schools set apart; resi- 
due apportioned. — As soon as such certificate is re- 
ceived by the superintendent of education, he shall set 
apart the following amounts for normal schools, to-wit : 
For the normal schools at Florence, Troy, Jacksonville 
and at Livingston, twenty thousand dollars each; and 
for the normal schools at Moundville and Daphne, five 
thousand dollars each; and for other normal schools, 
such sums as are provided by law, and he shall then ap- 
portion all the remainder of such funds, as far as prac- 
ticable, among the several counties in the State in pro- 
portion to the number of school children of school age 
therein, according to the latest returns of enumeration 
of school population of the counties which have been 
made to his 'office, but if such enumerations have not 
been made as provided by law, or have not been reported 
to him by the county superintendent of education, and 
the superintendent of education has not caused a new 
enumeration to be made, he shall then apportion to each 
county according to the best information he can obtain 
of the entire number of children of school age in such 
counties, but in no event shall he, in case of such failure 



TUBLIC SCHOOL LAWS OP ALABAMA. 41 

to enumerate or report all the children of school age in 
the respective counties, estimate the school population 
of any county at more than the last official report to 
his office. 

17G2. (3G3) (100G) Amounts apportioned certified, 
to auditor; no warrants drawn in excess; balance un- 
apportioucd certified to treasurer. — As soon as such 
amounts have been set apart, and such apportionment 
has been made, the superintendent of education shall 
certify to the State auditor the amount set apart for 
each particular purpose or appropriation, and the total 
amount of the apportionment to the several counties, 
and the State auditor shall see that no warrants are 
drawn against the educational fund, for any purpose, 
for any amount in excess of the amounts so certified as 
set apart and apportioned; and he shall certify to the 
State treasurer the amount of the school revenue, ex- 
clusive of poll tax, unapportioned by the superintendent 
of education, and the treasurer shall set apart the 
amount out of any money received from the taxes of the 
current year, and he shall keep the same separate and 
apart from all other revenues, and shall not pay out any 
of such money except upon warrants for school pur- 
poses. 

17G3. Superintendent must certify and report 
amount of school fund apportioned to the several coun- 
ties to the county superintendents of education. — As 
soon as practicable after the superintendent of educa- 
tion has apportioned to the several counties the amount 
of school funds in proportion to the number of school 
children of school age therein, he shall certify and re- 
port the amount to the respective county superinten- 
dents of education, or to the county board of education 
in case there is no county superintendent of education, 
taking their receipts for such amounts so certified. 

17G4. (3G04) (1007) Interest on sixteenth-section 
or other trust fund first set apart; effect of apportion- 
ment. — In making the apportionment of school money to 



42 PUBLIC SCHOOL LAWS OF ALABAMA. 

the several districts, the superintendent of education 
shall first set apart to each township or other school dis- 
trict the amount due from the State thereto as interest 
on its sixteenth-section fund, or other trust fund, held by 
the State; and all townships or school districts, having 
an income from such source, or from the lease or sale of 
sixteenth-section lands, shall not receive anything out 
of the balance of the educational fund to be apportioned, 
until all other townships or school districts, having no 
trust fund shall have received from the general fund 
such amount as will give them an equal per capita ap- 
portionment with the townships or districts having such 
income. 

1765. Apportionment of school funds to school dis- 
tricts of the several counties. — As soon as practicable 
after the superintendent of education has apportioned 
the school funds to the several counties and has certi- 
fied the same to the county superintendents of educa- 
tion, the county boards of education shall apportion the 
funds awarded to their county to the several school dis- 
tricts in their counties, so as to provide, as nearly as 
practicable, school terms of equal duration in such 
school districts. 

1766. Report of apportionment by county boards of 
education to superintendent of education. — As soon as 
practicable after the county boards of education have 
apportioned the school funds of their county for any 
scholastic year to the several school districts, they shall 
report in writing their proceedings to the superinten-. 
dent of education, showing the amounts apportioned to 
the several school districts. 

1767. County boards must keep record of apportion- 
ment. — County boards of education must keep a record 
of each and every apportionment of school funds of 
their counties to the several school districts. 

1768. (3606) (1009) Apportionment recorded , and 
certified to county superintendents; when contracts for 



PUBLIC SCHOOL LAWS OF ALABAMA. 43 

schools invalid.— As soon as such apportionment is 
completed, the superintendent of education shall have 
the same recorded in his office, in books kept for that 
purpose, showing the amount which has been appor- 
tioned t'o each district, aud the sources from which the 
same was derived, the amount to each district, and the 
number of children in the district upon which the ap- 
portionment was based; and he shall then furnish to 
each county superintendent of education a certified 
copy from such books, showing the dividends of the edu- 
cational fund to each township or district under the 
hitter's supervision; and the amount so divided and cer- 
tified shall be the total amount which each of said 
school districts shall be entitled to receive from the 
State, except the poll tax, during the current scholastic 
year ; and no contract to pay any school or schools, for 
any district more than the amount thus apportioned to 
it, together with such poll tax as it may receive, and 
such funds as may be in hand from any previous year, 
shall be valid against the State or township. 

1769. (3607) (1010) Poll tax received by each county. 
—Each county shall receive as school money all the 
poll tax collected therein ; and the same shall be its full 
distributive share of the aggregate poll tax collected in 
this State. 

(See section 2199 of the Code.) 

1770 (3609) (1012) Amounts due each comity ap- 
portioned and certified to auditor.— The superintendent 
of education shall, by the tenth day of October m each 
year, or as soon thereafter as practicable, apportion to 
every county the amount of school money such county 
will be entitled to receive for the scholastic year from all 
sources except such special tax, if any, levied for school 
purposes in any county; and he shall certify the same to 
the State auditor. 

1776. (3617) (1016) Apportionment and expendi- 
ture of local school money.— All local school funds 
raised for the support of public schools by taxation or 
otherwise shall be apportioned and expended in the dis- 



44 PUBLIC SCHOOL LAWS OF ALABAMA. 

trict or districts or counties in which, the same were 
raised, nnder such rules and regulations as the district 
trustees, or other local authority provided by law, may 
prescribe; but this section shall not be construed to 
repeal any provision for the apportionment and dis- 
bursement of money mentioned in this chapter, or pro- 
vided for in special or local laws; and all funds con- 
tributed by persons, or otherwise, to such district, shall 
be applied as indicated in the grant from such contrib- 
utors; and no school moneys distributed to the various 
counties from the State school revenue shall, either 
directly or indirectly, be paid for the erection of school- 
houses, for the use of schoolroom furniture, or any 
other contingent expenses of schools. 

1777. (3618) (1017) Apportionment of income from 
trust fund when township divided. — Whenever a town- 
ship or district which has an income from a trust fund 
is divided by a State or county line, or otherwise, into 
separate districts, or includes a city which is a separate 
school district, such income must be divided between 
and apportioned to each school district in such town- 
ship or district, according to the school population of 
each. 

1778. (3620) (1019) Fund once apportioned, not 
used for other purposes until reapportioned. — Funds 
which have accrued and have been apportioned to any 
district or race shall not be used for the benefit of any 
other district or race until the same shall have been re- 
apportioned under the provisions of this code. 

1779. (3621) (1020) What part of income new dis- 
tricts are entitled to. — Whenever any separate school 
district is created', which shall embrace parts of two or 
more districts, such district shall receive its proportion- 
ate share of the income from any trust fund belonging to 
either or both of such districts, according to its school 
population. 

1780. (3622) (1021) Contingent fund for depart- 
ment of education. — The State treasurer shall annually 



PUBLIC SCHOOL LAWS OF ALABAMA. 45 

set apart, out of any money in the treasury, the sum of 
three thousand dollars as a contingent fund for the de- 
partment of education ; and whenever it shall become 
necessary to draw on such fund, the superintendent of 
education shall certify the amount necessary, and for 
what purpose, to the auditor, Avho shall draw his war- 
rant on the treasurer for such amount. The superin- 
tendent of education shall keep an accurate account of 
all sums which he shall certify to be paid out of such 
contingent fund, and shall furnish an itemized state- 
ment thereof to the governor each year, with his an- 
nual report. Out of this fund the superintendent of 
education shall also provide plans, specifications and 
blue prints for the use of such rural school districts as 
may desire to erect, with State aid, new school build- 
ings. 



ARTICLE 17 

SCHOOL LANDS; LEASE AND SALE 

1781. (3625) (1023) (962) (575) (501) What are 
school lands, and in whom vested. — School lands, within 
the meaning of this code, are sections numbered sixteen, 
in every township granted by the United States for the 
use of schools in the township, and such other lands as 
may have been granted to any township or district for 
the use of schools; and all school lands are vested in the 
Slate in trust to execute the objects of the grant. 

(Note. — This article makes sales of sixteenth section 
and indemnity lands uniform.) 

1782. (3661 ) tialc of school and indemnity lands au- 
thorized. — The superintendent of education is author- 
ized and empowered to sell and dispose of all school 
lands, together with those which have been heretofore 
or may hereafter be certified to the State for the use 
and benefit of the several townships or districts in 
which was a deficiency in the amount of land originally 



46 PUBLIC SCHOOL LAWS OF ALABAMA. 

certified to the State for their benefit, subject to the 
approval of the governor. 

1783. Consent of inhabitants of township or district 
to sale of land. — No school lands, except indemnity 
lands, shall be sold without the consent of the inhabit- 
ants of the township or district in which such lands are 
located. Said consent to be obtained and shown by a 
petition in writing addressed to the superintendent of 
education requesting and consenting to the sale of such 
lands signed by a majority of the legally qualified vot- 
ers of the township or district, which petition must be 
verified by the affidavit of at least three of the signers, 
that a majority of the inhabitants of the township or 
district in which the lands are situated desire a sale 
thereof and that the persons making and signing said 
petition constitute a majority of the qualified electors 
residing in said township or district. 

1784. (3646) (1044) (986) (607) (537) Resale 
of lands. — If any purchaser fails to make the payment, 
or gives his notes with approved securities, and secured 
by a mortgage on the land, as required, the land bid off 
by him must be immediately resold, if practicable, but if 
not practicable to make the resale at once, it must be re- 
sold at a future day, as if no sale had been made ; and the 
first purchaser shall be responsible for the difference be- 
tween his bid and the amount for which the land is sub- 
sequently sold, if such amount is less than the bid of 
such first purchaser. 

1785. (3668) Proceeds of sale; hoto disposed of. — 
The proceeds arising from such sales, after the payment 
of all proper .costs and expenses thereof, shall be, by the 
superintendent of education, paid into the State treas- 
ury to the credit of the counties, townships, or school 
districts to which the same may belong in the propor- 
tion of their interests therein, so as to carry out the ob- 
ject and purposes of the original grants, gifts, or laws by 
which such lands were acquired for school purposes, as 
nearly as practicable under the existing school laws. 



PUBLIC SCHOOL LAWS OF ALABAMA. 47 

178G. (3663) Notes taken by superintendent of edu- 
cation held until paid; when placed with the attorney 
general. — All notes taken by the superintendent of edu- 
cation for the purchase of such lands must be secured 
by mortgage and must be held by him until the same are 
due, and if not then paid, may be placed with the attor- 
ney-general for collection. 

1787. (3661) Manner and terms of sale. — Such sales 
may be made from time to time, at public or private 
sale, as in the judgment of the superintendent of edu- 
cation shall best promote the interests of the school fund 
of the State, and shall be for cash, or part cash and part 
on time, as the superintendent of education and the 
governor may deem best ; but in no case shall there be 
less than one-fourth of the purchase money paid in cash, 
and the remainder shall be payable in yearly install- 
ments to extend over a period of not more than three 
years, and shall be secured by notes with sureties and 
uy mortgage on the land to be approved by the superin- 
tendent of education, and shall bear interest from the 
date of the sale. 

1788. (3026) (1025) (967) (588) (519) Timber lots 
reserved.— The superintendent of education may select 
such lots as he thinks proper, to reserve from cultiva- 
tion for the benefit of the timber thereon, and must 
mark the same "reserved" on the plat thereof. 

1789. (3631) (1030) (972) (593) (521) Timber lots: 
how used.— The lots reserved for timber are for the com- 
mon benefit of the lessees of the other lots ; but no timber 
must be cut down, injured, or destroyed, as long as 
there is sufficient on the other lots, which the superin- 
tendent of education is to determine; and the lessees 
must in no case cut down, injure, or destroy such timber 
without permission from the superintendent of educa- 
tion, which may be given on such terms as he may think 
proper, having* due regard to the interest of the town- 
ship or district. 



48 PUBLIC SCHOOL LAWS OF ALABAMA. 

1790. (3G32) (1031 ) (973) (594) (525) Penal- 
ty for injuries to timber. — Any person who, without au- 
thority cuts clown, boxes, injures, or destroys any tree 
on school lands shall forfeit and pay for every such tree 
ten dollars, to be recovered before any court having ju- 
risdiction, in the corporate name of the township, or the 
school district in which such lands are located. 

1791. (3C33) (1032) (974) (595) (52G) Fines 
paid into treasury for school fund. — All fines and for- 
feitures under the preceding section shall be paid into 
the State treasury, and added to the principal sum of 
the school fund of the township. 

1792. (3647) (1045) (9S7) (COS) (53S) Certifi- 
case of purchase. — The superintendent of education, on 
receiving from the purchaser the cash payment, and his 
notes and mortgages for the deferred payments, must 
give to him a certificate of purchase, describing the 
lands purchased, and showing the number of acres and 
the amount of the purchase money. 

1793. (3G48) (104G) (988) (GOO) (539) Effect 
of certificate of purchase. — Such certificate conveys to 
the purchaser, his heirs, or assigns, a conditional estate 
in fee, to become absolute on the payment of the pur- 
chase money and interest, and to revert to the State for 
the uses originally granted in the following cases : 

1. When all the notes have become due, and the mak- 
ers have left the State or died insolvent. 

2. When a recovery on such notes is defeated by any 
defense avoiding the contract of sale. 

3. When a recovery is had against all the makers, and 
execution has been returned "no property" by the proper 
officer of the county in which the township or district 
lies; or when judgment is had and execution returned 
against any one or more of such makers "no property," 
and the others have left the State, or died insolvent. 

1794. (3G49) (1047) (989) (G10) (540) Revest- 
ing of title; clerk to certify facts; penalty for failure; 



PUBLIC SCHOOL LAWS OF ALABAMA. 49 

costs. — No proceeding is necessary to revest the title in 
the State on the happening of the events specified in the 
preceding section, but such lands may be recovered in the 
name of the State, for the use of the township or district, 
against any person in possession of the same, upon proof 
of the facts; and it is the duty of the clerk of the court 
in which the suit is pending, or the judgment recovered, 
to certify the facts to the superintendent of education, 
on the happening of the events specified in the second 
and third subdivisions of the preceding section, and fail- 
ing to do so within a reasonable time, he forfeits the sum 
of one hundred dollars; one-half to the person suing for 
the same, and the other to the State for the use of the 
township or district. When no money is recovered in 
suits on notes for purchase money of school lands, no 
costs must be taxed against the township or district for 
such suits. 

1795. (3G51) (1049) (991) (G13) (543) Fines 
to go to school fund.— The amount received by the State 
upon recoveries had under the last preceding section is 
to be added to the principal of the school fund of the 
township or district. 

1T9G. (3G52) (1050) (992) (G14) (544) Pat- 
ents.— A patent issues, on the payment of the purchase 
money, to the purchaser, his heirs, or assigns, and when 
the patent is to the heirs, it vests a title in all persons 
entitled to claim in that capacity under the provisions of 
this code. 

1797. (3G53) (1051) (993, 99G) (G15, GIG) Issue 
of patent by secretary of State; correction of mistake.-— 
The secretary of State must issue patents, upon satis- 
factory evidence furnished him of full payment of pur- 
chase money to any person, agent, or other officer legal- 
ly authorized to receive such payment; and upon proof 
of a mistake in the issue of any patent, he must correct 
the same or issue a new patent on the return of the 
original to his office. 



60 PUBLIC SCHOOL LAWS OF ALABAMA. 

1798. (3654) (1052) (995) (617) (545) Issue 
of patents in other cases. — Except under the provisions 
of the preceding section, no patent must issue without 
the certificate of the superintendent of education that 
the whole amount of the purchase money specified in the 
certificate, with all interest thereon, has been paid. 

1799. (3655) (1053) (998) Collection of past due 
notes. — All notes for school lands held by or deposited 
with the superintendent of education, if not paid within 
six months after maturity, must be placed with the at- 
torney general for collection; but this section shall not 
be so construed as to prevent the superintendent of edu- 
cation from ordering suit on notes at any time after ma- 
turity, when so ordered by the sureties on the notes. 

1800. (3656) (1054) (999) Appointment of agents 
for collection of notes. — The superintendent of educa- 
tion may appoint agents for surveying, mapping, or 
plating school lands and for the collection of notes for 
purchase money of land, being responsible for any neg- 
lect on the part of such agents. 

1801. (3657) (1055) (1000) Township credited 
with collection on notes. — All collections on notes given 
for the sale or lease of school lands must be paid into 
the treasury of the State, to the credit of the proper 
township or district. 

1802. (3658) Proceeds of school lands covered into 
treasury; faith and credit of State pledged for payment 
of interest. — All funds now in the State treasury de- 
rived from the sale of sixteenth section or other school 
lands, or which "may hereafter accrue from sales of such 
lands, together with the redemption money of other 
lands in which former accumulations have been invested 
under an act approved March 1, 1881, entitled "An act 
to authorize the compromise and settlement of claims 
for school lands in this State," are covered into the State 
treasury and made available for general purposes; and 
the faith and credit of the State is pledged for the pay- 



PUBLIC SCHOOL LAWS OF ALABAMA. 51 

ment of the interest on such fund to the public schools of 
the State, at the rate of six per cent per annum. 

1803. (3G65) Lease of school and indemnity lands. 
— The superintendent of education may, with the ap- 
proval of the governor, lease out all or any of the school 
and indemnity lands for a term not exceeding five (5) 
years, or may enter into a contract or contracts permit- 
ting persons to mine all coal or other minerals there- 
from, or to take therefrom oil or gas or either, upon a 
royalty for a term not exceeding twenty (20) years; and 
the next proceeds of all money received from the lease 
of such lands or the royalty for the minerals mined 
therefrom or the oil and gas or either, taken therefrom 
shall be paid into the State treasury monthly to the 
credit of the townships to which such lands belong in the 
proportion of their interest therein. 

1804. Compromise; hoard of, as to school lands. — 
The governor, superintendent of education, and attorney 
general are constituted a board of compromise for the 
purpose of examining into the title or claim of the State 
to any sixteenth section or other school lands which have 
illegally passed out of the possession of the State, or 
which have heretofore been disposed of by the State and 
not paid for. The board may take all action necessary 
to recover any such lands, or, if deemed best, may settle 
and compromise any conflicting claims thereto between 
the State and persons claiming the land. When any 
compromise or settlement is made the secretary of State 
shall, upon the order of the board of compromise, issue 
patents to the land the claims to which have been so 
compromised. 



52 PUBLIC SCHOOL LAWS OF ALABAMA. 

NORMAL SCHOOLS 

Alabama lias nine normal schools, six for the white 
race and three for the colored race. 

Four of the normal schools for the white race receive 
annually an appropriatiou of $20,000 each from the 
State and these schools are located at Florence, Troy, 
Jacksonville and Livingston. Two of the normal 
schools for the white race receive annually an appro- 
priation of $5,000 each from the State and these schools 
are located at Daphne and Moundville. All of the white 
normal schools are controlled and governed by an act 
approved April 18, 1911. This act creates a State board 
of eight members, consisting of the governor, the super- 
intendent of education, and six members appointed by 
the governor. 

The three schools for the colored race are located at 
Tuskegee, Normal (near Huntsville), and Montgomery. 
The school at Tuskegee receives an annual appropria- 
tion of $1,500 from the State, the one at Normal an 
annual appropriation of $4,000 from the State, and the 
one at Montgomery an annual appropriation of $1G,000 
from the State. 

Some of the Normal schools receive revenue from 
other sources, such as the Peabody Fund, Slater Fund, 
Morrill Fund, etc., and all of the schools receive some 
revenue from matriculation fees, incidental fees, etc. 

The three normal schools for the colored race are 
governed and controlled by special acts of the Legisla- 
ture. 

The act governing the Tuskegee Normal and Indus- 
trial Institute was approved February, 1893, and the act 
governing the Montgomery Normal School was ap- 
proved February 23, 18S9. The acts governing the 
Huntsville State Colored Normal and Industrial Insti- 
tute were approved December 9, 1873, and February 17, 
1885. Sections 1258, 1259 and 12G0 of the Code of 1876 
also relate to this school, and an act approved February 
13, 1891, relating to the division of the Morrill Fund 
gives the Huntsville Normal School that part of the 
Morrill Fund belonging to the colored race. 



PUBLIC SCHOOL LAWS OF ALABAMA. 53 

No. 483.) AN ACT (H. 724. 

To create a board of trustees for the government and 
control of the several State normal schools for whites, 
and for the making and enforcing of a course of study 
for the said State normal schools and for the rural 
schools of the State, and for the repealing of any gen- 
eral and special laws and provisions of any charter or 
charters in conflict with the provisions of this act. 

Section 1. Be it enacted by the Legislature of Ala- 
bama, That a board of eight members consisting of the 
governor, the superintendent of education and six mem- 
bers appointed by the governor be and the same are 
hereby created a board of trustees for the government, 
regulation and control of the several white normal 
schools of the State. 

Sec. 2. The six appointive members appointed respect- 
ively for one year, two years, three years, four years, five 
years, and six years, with the superintendent of educa- 
tion and the governor, who shall be ex-officio chairman 
of the board, shall constitute the board of trustees for 
the government, control and regulation of the several 
white normal schools of the State. At the expiration of 
the term for which each trustee shall have been appoint- 
ed, after the passage of this act, a trustee shall be ap- 
pointed for a period of six years. 

Sec. 3. It shall be the duty of the board to visit each 
school under its supervision at least once during each 
scholastic year for the purpose of making such inspec- 
tion of its work and gathering such information as will 
enable said board to perforin its duties intelligently and 

effectively. . 

Sec. 4. It shall be the duty of this board of trustees 
to require, as far as possible, the same course of study, 
the same educational standards and ideals for the said 
normal schools of the State; and to secure this end, the 
board of trustees may require, at the hands of a com- 
mittee composed of presidents of the said normal 
schools, the preparation and submission of a proposed 
course of study, which may be adopted in whole or in 
part by the board of trustees, and when so adopted, the- 



54 PUBLIC SCHOOL LAWS OF ALABAMA. 

said course of study shall be maintaiDed in those nor- 
mal schools to which, under the direction of the board 
of trustees, the said course of study may apply. 

Sec. 5. The said board of trustees shall have the 
power and it is made their duty to elect all presidents, 
or other officials, professors and other teachers employ- 
ed in any of the normal schools and to fix their salaries. 
It is made the duty of the president of each school to 
nominate annually to the board of trustees such pro- 
fessors, teachers, officials and assistants as in his opin- 
ion will promote the best interests of the institution. 

Sec. 6. The board of trustees shall have the power 
to make such rules and regulations for the government 
of its own actions and for the regulation and control of 
the several normal schools of the State, as may be neces- 
sary for the enforcement of the provisions of this act. 

Sec. 7. It is made the duty of the six appointive 
members of this board to make an official report to 
each Legislature of Alabama. This report shall set forth 
briefly the condition, the progress and the needs of each 
of these schools and the report shall contain such other 
information and shall make such recommendations as 
the board may deem right and proper. 

Sec. 8. It is hereby made the duty of the board of 
trustees of the State normal schools to meet at the call 
of the chairman or at the call of the State superinten- 
dent of education, who shall be the secretary of the 
board, and at such other times as may be indicated by 
request of the majority of the appointive members of the 
board. 

Sec. 9. The members of the board of trustees shall 
serve without pay, except that they shall be reimbursed 
from the funds of the State normal schools for their ac- 
tual expenses" incurred in attending meetings of the 
board. 

Sec. 10. It is made the duty of the board of trustees 
to extend, as far as possible, the usefulness of the State 
normal schools, by providing for summer training 
courses for teachers, thus recognizing the importance of 
keeping these schools open at all times, for the training 



PUBLIC SCHOOL LAWS OF ALABAMA. 55 

and improvement of the public school teachers of Ala- 
bama. 

Sec. 11. All laws and parts of laws, whether general, 
special or charter, in conflict with the provisions of this 
act be and the same are hereby repealed. 

Approved April 18, 1911. 



AGRICULTURAL SCHOOLS 

Alabama has nine agricultural schools located in the 
various congressional districts of the State. These 
schools each receive for maintenance an annual appro- 
priation of $4,500. Not less than seven hundred titty 
dollars must be used by each school in making agricul- 
tural experiments. In addition to the above, the schools 
also receive some revenue from matriculation and inci- 
dental fees. 

The First District Agricultural School is located at 
Jacksonville, the Second at Evergreen, the Third at 
Abbeville, the Fourth at Sylacauga, the Fifth at We- 
tumpka, the Sixth at Hamilton, the Seventh at Albert- 
ville, the Eighth at Athens, and the Ninth at Blounts- 
ville. 

The agricultural schools are governed by sections 
50-60 of the Code of 1907 as amended April 22, 1911, 
and also by rules and regulations made by the execu- 
tive committee of these schools. The governor, the su- 
perintendent of education, and the commissioner of ag- 
riculture compose the executive committee. Each school 
is governed by a board of control composed of the exec- 
utive committee named above and two members ap- 
pointed by the governor from the congressional district 
in which the school is located. 



56 PUBLIC SCHOOL LAWS OF ALABAMA. 

ARTICLE 18 

TEXT-BOOK COMMISSION; MEMBERS, APPOINTMENT OF. 

1805. Text-book commission ; how constituted. — On 
or before March 1st, 1908, the governor shall select and 
appoint nine educators of known character and ability, 
men well acquainted with arranging courses of study 
and engaged in public school work, one from each con- 
gressional district, who, together with himself and the 
State superintendent of education, shall constitute the 
text-book commission of Alabama. 

1806. Oath of commissioners. — Before transacting 
any business pertaining to the duties of this commis- 
sion they shall each take an oath before some person 
authorized to administer oaths to faithfully discharge 
all the duties imposed upon them as members of said 
text-book commission and that they have no interest, 
directly or indirectly, in any contract that may be made 
under this article, and receive no personal benefit 
therefrom. 

1S07. Commission; organization of. — The text-book 
commission shall immediately after their appointment 
meet and organize, the governor being president of the 
commission and the superintendent of education secre- 
tary of said commission. 

1808. Duties of commission.— -It shall be the duty of 
said commission to select and adopt a uniform series of 
text-books for use in the public schools of the State for 
a period of five years. 

1S09. Unlawful to use other books than those select- 
ed. — It shall be unlawful for any school official, director 
or teacher to use any books upon the same branches 
other than those adopted by said State text-book com- 
mission. 

1810. Branches of study for which books selected. — 
Said uniform series shall include the following branches 



PUBLIC SCHOOL LAWS OF ALABAMA. 57 

of study, to-wit : Orthography, reading, writing, arith- 
metic, geography, grammar, language lessons, history of 
Alabama containing the constitution of the State, his- 
tory of the United States, elementary physiology and 
hygiene, elementary principles of agriculture, and such 
other branches of study as properly belong to a common 
school course. 

1811. Partisan or sectarian books forbidden. — None 
of said text-books shall contain anything of a partisan 
or sectarian character. 

1812. Books selected may be dropped. — The text- 
book commission shall have the power by three-fourths 
vote to drop an unsatisfactory book at the end of any 
school year during the continuance of the contract anrl 
to make another adoption. 

1813. Qualities and merits of books to control in se 
lection. — The text-book commission shall consider tin 
merits of each book, taking into consideration their sub- 
ject-matter, the printing, binding, material, and me- 
chanical qualities, and their general suitability and de- 
sirability for the purpose intended, as well as the price 
of said books, but no text-book the subject-matter of 
which is of inferior quality shall be adopted by the text- 
book commission. Said commission shall select and 
adopt such books as will, in their best judgment, accom- 
plish the ends desired. 

1814. Desirable books; when price too high.— In case 
any book or books are deemed suitable for adoption and 
more desirable than other books of the same class sub- 
mitted, and they further consider the price at which 
the books are offered to be unreasonably high, and that 
they should be offered at a smaller price, the commis- 
sion shall immediately notify the publisher or author of 
such book or books of their decision, and request such 
reduction in price as they deem reasonable and just, 
and if they and such publishers shall agree on a price 
they may adopt his book or books, but if not, they shall 



58 PUBLIC SCHOOL LAWS OF ALABAMA. 

use their own sound judgment and discretion whether 
they will adopt that or the books which are deemed by 
them next best in the list published. 

1815. Advertisement for bids. — As soon as practica- 
ble, not later than thirty days after its organization, 
the commission shall advertise in such manner and for 
such length of time and at such places as may be deemed 
advisable, that at a time and place fixed definitely in 
said advertisement, sealed bids or proposals will be re- 
ceived from the publishers of school text-books for fur- 
nishing books to the public schools in the State of Ala- 
bama, through such agencies in the several counties, 
and places in the several counties in the State, as may 
be provided for in such regulations as said commission 
may adopt and prescribe. 

1816. Bids; specifications, requisites, and contents of. 
— The bids or proposals shall be for furnishing the books 
for a period of five years and no longer, and that no bid 
for a longer period will be considered. Said bids shall 
state specifically and definitely the price at which the 
books will be furnished, and shall be accompanied by 
one or more specimen copies of each and every book pro- 
posed to be furnished. 

1817. Deposits as security for performance of hid. — 
It shall be required of each bidder to deposit with the 
treasurer of the State a sum of money such as the com- 
mission may require, not less than five hundred dollars 
nor more than twenty-five hundred dollars, according to 
the number of books each bidder may propose to supply, 
and notice shall further be given in such advertisement 
that such deposits shall be forfeited absolutely to the 
State if the bidder making the deposit shall fail or re- 
fuse to make and execute such contract and bond as is 
hereinafter required, within such time as the commis- 
sion may require, which time shall also be stated in the 
advertisement. 

1S18. Bids sealed and deposited. — All bids shall be 
sealed and deposited with the secretary of State, to be 



PUBLIC SCHOOL LAWS OF ALABAMA. 59 

by him delivered to the commission when they fire in 
executive session, for the purpose of considering the 
same when they shall be opened in the presence of the 
commission. 

1819. Bids opened, examined, and contract awarded. 

The text-book commission shall meet at the time and 

place designated in such notice or advertisement, and 
take out the sample or specimen copies submitted upon 
which the bids are based. When the members have ex- 
amined all books submitted until thoroughly satisfied, it 
shall be the duty of said text-book commission to meet in 
executive session to open and examine all sealed propos- 
als submitted and received in pursuance of the notice or 
advertisement provided for in section 1815 of this code. 
The commission shall then examine and carefully con- 
sider such bids or proposals and determine in the man- 
ner provided in the preceding section of this article what 
book or books shall be selected for adoption, taking into 
consideration the size, quality as to subject-matter, ma- 
terial, printing, binding, and the mechanical execution 
and price, and the general suitability for the purpose 
desired and intended ; all books selected and adopted 
shall be written or printed in English. 

1820. Notification to publishers of contracts award- 
ed.— After their selection for adoption shall have been 
made, the said commission shall by registered letter no- 
tify the publishers or proposers to whom contracts have 
been awarded. 

1821. Contract; preparation, execution, and filing of. 
—The attorney general of the State shall prepare the 
said contract or contracts in accordance with the terms 
and provisions of this article, and the said contract 
shall be executed by the governor and secretary of State 
with the seal of the State attached upon the part of the 
State of Alabama, and the said contract shall be execut- 
ed in triplicate, one copy to be kept by the contractor, 
one copy by the secretary of the text-book commission 
and copied in full in the minutes of said commission 



60 PUBLIC SCHOOL LAWS OF ALABAMA. 

and one copy to be filed in the office of the secretary of 
State. 

1822. Bond of contractor; preparation, execution, 
and conditions of. — At the time of the execution of the 
contract aforesaid the contractors shall enter into a 
bond in the sum of not less than ten thousand dollars 
nor more than thirty thousand dollars,- payable to the 
State of Alabama, the amount of said bond within said 
limits to be fixed by said commission conditioned for the 
faithful, honest, and exact performance of the contract, 
and shall further provide for the payment of reasonable 
attorney's fees in case of recovery in any suit upon the 
same, with three or more good, solvent sureties, actual 
citizens and residents of the State of Alabama, or any 
guaranty company authorized to do business in the 
State of Alabama may become surety on said bond. The 
attorney general shall prepare said bond and approve 
the same. The said bond shall not be exhausted by a 
single recovery, but may be sued on from time to time 
until the full amount shall be recovered; and the said 
commission may at any time, by giving thirty days' no- 
tice, require additional security or additional bond, 
within the limits prescribed. 

1823. Deposits returned after execution of bond. — 
When any person, firm, or corporation shall have been 
awarded a contract and submitted therewith the bond 
as required in this article, the commission through its 
secretary shall so inform the treasurer of the State, and 
the treasurer shall return such contractor the cash de- 
posit made by him, and the commission through its sec- 
retary shall intorm the treasurer of the names of the un- 
successful bidders or proposers, and the treasurer shall, 
upon receipt of this notice, return to them the amount 
deposited in cash by them at the time of the submission 
of their bid. 

1824. Failure to execute contract or bond; conse- 
quence of. — Should any person, firm, company, or cor- 
poration fail or refuse to execute the contract and sub- 
mit therewith his bond as required by this article within 



PUBLIC SCHOOL LAWS OF ALABAMA. 61 

thirty days of the awarding of the contract to him and 
(provided tin* mailing of the registered letter shall be 
sufficient evidence that the notice was given and receiv- 
ed), the cash deposit will be deemed forfeietd to the 
Stale of Alabama, and the treasurer shall place such 
cash deposit in the treasury of the State to the credit of 
the general school fund. 

1825. Recovery on bond for benefit of fund. — Any re- 
covery had on any bond given by any contractor shall 
inure to the benefit of the said fund of the State, and 
when collected shall be placed in the treasury to the 
credit of the said fund and be prorated among the sev- 
eral counties of the State. 

1826. Books furnished must be equal to specimens. — 
The books furnished under any contract shall at all 
times during the existence of the contract be equal to, in 
all respects, the specimens or sample copies furnished 
with bids. 

1827. Secretary of State preserves sample copies and 
furnishes to superintendent. — The secretary of State 
shall carefully preserve in his office as the standard of 
quality and excellence to be maintained in such books 
during the continuance of such contracts the specimens 
or sample copies of all books which have been made the 
basis of any contract, together with the original bid or 
proposal, and the contractor shall also furnish each 
county superintendent of education like specimen or 
sample copies, which shall be preserved by him in like 
manner, and the same shall always be open to the in- 
spection of the public. 

1828. Contract and exchange price printed on back 
of books. — All contractors shall print on the back of 
each book the contract price, as well as the exchange 
price at which it is agreed to be furnished, but the books 
submitted as specimen or sample copies with the orig- 
inal bids shall not have the price printed on them before 
thev are submitted to the commission. 



62 PUBLIC SCHOOL LAWS OF ALABAMA. 

1829. Price of books for this State shall not exceed 
that of others. — The text-book commission shall not in 
any case contract with any person or publisher for the 
use of any books which are to be sold to patrons or used 
in any public school in this State at a price above or in 
excess of the price at which such book or books are fur- 
nished by said person or publisher under contract to 
any State, county, or school district in the United 
States under like conditions prevailing in this State 
and under this article. It shall be stipulated in each 
contract that the contractor has never furnished and is 
not now furnishing under an y contract any State, coun- 
ty, or school district in the United States where like 
conditions prevail as are prevailing in this State under 
this article, the same book or books as are embraced in 
said contract at a price below or less than the price 
stipulated in the said contract, and the said commission 
at any time they may find that any book has been fur- 
nished at a lower price under contract to any State, 
county or school district aforesaid, shall sue upon the 
bond of said contractor and recover the difference be- 
tween the contract price and the lower price at which 
they find the book or books have been sold, and in case a 
contractor shall fail to execute, specifically, the terms 
and provisions of his contract, said commission shall 
bring suit upon the bond of such contractor for the re- 
covery of damages, the suit to be in the name of the 
State of Alabama, and the recovery for the benefit of 
the public school fund. 

1830. Changing or altering contract. — The commis- 
sion and any contractor agreeing thereto may in any 
manner change .or alter any contract, provided a major- 
ity of the commission shall agree to the change and 
think it advisable and for the best interest of the public 
schools of the State. 

1831. Majority controls. — In all matters unless oth- 
erwise provided a majority of said commission shall 
control. 



PUBLIC SCHOOL LAWS OF ALABAMA. 63 

1832. State not liable to any contractor.— It shall 
always be a part of the terms and conditions of every 
contract made in pursuance of this article, that the 
State of Alabama shall not be liable to any contractor 
in any manner, in any sum whatsoever, but all such 
contractors shall receive the pay or consideration in 
compensation solely and exclusively derived from the 
proceeds of the sale of books, as provided for in this 
article. 

1833. Old books exchanged for new. — The commis- 
sion shall stipulate in the contract for the supplying of 
any book as provided in this article that the contractor 
or contractors shall take up the school books now in use 
in this State, and receive the same in exchange for new 
books at a price not less than fifty per cent of the con- 
tract price. Such exchange period shall not continue 
longer than one year from the date of contract. Each 
person or publisher making a bid for the supplying of 
any book or books under this article shall state in such 
bid or proposal the exchange price at which such book 
or books will be furnished. 

1834. Rejecting bids or proposals. — The text-book 
commission shall have and reserve the right to reject 
any and all bids or proposals if they shall be of opinion 
that any or all should for any reason be rejected. 

1835. Re-advertisement for bids. — In case the com- 
mission fails from among the bids or proposals to select 
or adopt any book or books upon any of the branches 
mentioned in previous sections of this article, they may 
re-advertise for sealed bids or proposals under the same 
terms and conditions as before, and proceed in their in- 
vestigations in all respects as they did in the first in- 
stance, an<l as required by the terms and provisions of 
this article. 

1836. Bids for copyright and manuscripts. — The 
commission may advertise for sealed bids or proposals 
from authors or publishers of text-books who have manu- 



64 PUBLIC SCHOOL LAWS OF ALABAMA. 

scripts of books not yet published, for prices at which 
they will publish and furnish in such book form such 
manuscripts, or for prices at which they will sell such 
manuscripts, together with the copyright with such 
books for use in the public schools of Alabama, proceed- 
ing in all respects in like manner as before. Before ac- 
cepting or rejecting any manuscript it shall be the duty 
of the commission to take the manuscript and advertise 
for sealed bids or proposals for publishing the same in 
book form, in like manner as provided in this article, 
and under the same restriction and condition, and the 
contract may be let for the publication of all such books 
or for any one or more separately. The State itself 
shall not under any circumstances enter into any con- 
tract binding it to pay for the publication of any book 
or books, but in the contract with the owner of the man- 
uscript it shall be provided that he shall pay the com- 
pensation to the publisher for the publication and put- 
ting in book form the manuscript, together with the 
cost and expense of copyrighting the same; and provid- 
ed that in all cases bids or proposals shall be accompa- 
nied with the cash deposit of from five hundred to twen- 
ty-five hundred dollars, as the commission may direct, 
and as previously provided in this article. 

1837. Manuscripts or printed form of matter pro- 
posed to be incorporated in book. — Any person, firm, or 
corporation now doing business, or proposing to do bus- 
iness in the State, shall have the right to bid for the 
contract to be awarded under this article in the manner 
as follows : In response to the advertisement, when 
made as hereinabove provided, said person, firm, or cor- 
poration may submit in writing bid or bids to edit or 
have edited, publish and supply for use in the public 
schools in this State, any book or books herein provided 
for, provided that instead of filing with said .bid or pro- 
posals a sample or specimen copy of each book pro- 
posed to be furnished, he may exhibit to the commission 
a manuscript or printed form of the matter proposed to 
be incorporated in any book, together with such a de- 
scription and illustration of the form and style thereof 



PUBLIC SCHOOL LAWS OF ALABAMA. 



65 



as would be fully intelligible and satisfactory to said 
commission, or they may submit a book or books, the 
equal of which in every way they propose to furnish, 
and they shall accompany their bid or proposal with 
the cash deposit and execute a contract and bond as 
hereinbefore provided. 

1838. Proclamation of governor announcing con- 
tract. — As soon as said commission shall have entered 
into a contract or contracts for the furnishing or sup- 
plying- of books for use in the public schools in this 
State, the governor shall issue his proclamation an- 
nouncing such facts to the people of the State. 

1889. Three depositaries or places of sale in each 
county.— The party or parties with whom the contract 
shall be made shall place their books on sale at not less 
than three places in each county of the State for the 
distribution of the books to the patrons, and the con- 
tractor shall be permitted to make arrangements with 
a merchant or other person for the handling and distri- 
bution of the books. 

1840. Contract price printed on books.— All books 
shall be sold to the consumer at the retail contract 
price, and in each book shall be printed the following: 
(The price fixed herein is fixed by State contract and 
deviations therefrom shall be reported to your county 
superintendent of education or the State superintendent 
at Montgomery.) Should any party contracting to fur- 
nish books as provided for fail to furnish them or other- 
wise breach his contract, in addition to the right of the 
State to sue on his bond hereinabove required, the coun- 
ty superintendent of any county may sue, in the name 
of the State of Alabama, in any court of competent ju- 
risdiction in the county in which he resides, for the use 
and benefit of the school fund of the county; provided 
that the right of action of the county superintendent 
shall be limited to breaches of the contract committed 
in the county of his residence. In all cases under this 
article service of process may be had and deemed suffi- 
cient on any agent of the contractor in this State. 



3SL 



66 PUBLIC SCHOOL LAWS OF ALABAMA. 

1841. Distribution of books. — The commission shall, 
from time to time, make any necessary regulations to 
secure the prompt distribution of the books provided 
for in this article, and the prompt and faithful execu- 
tion of all contracts, 

1842. Commission continues for five years; new 
commission appointed. — Said commission shall main- 
tain its organization for five years, and at the end of 
said period of five years the governor shall name a simi- 
lar commission with like powers and a like term as the 
first named commission. 

1843. List of books, agencies, and prices furnished 
to county superintendent of education. — As soon as 
practicable after the adoption, provided for in this ar- 
ticle, the State superintendent of education shall issue 
a circular letter to each county superintendent of edu- 
cation and each teacher in the State, and to such others 
as he may desire to send it, which letter shall contain 
the list of books adopted, the prices, location of agen- 
cies, the manner of distribution, and such other informa- 
tion as he may deem necessary. 

1844. Supplementary text-books; books for higher or 
more advanced studies. — As soon as the existing con- 
tract for books expires the books adopted as a uniform 
series of text-books for the next five years shall be in- 
troduced and used as text-books to the exclusion of all 
others in all the public free schools in this State. Sup- 
plementary books shall be used, but such books shall 
not be used to the exclusion of the books prescribed or 
adopted under the provisions of this article. Higher or 
more advanced branches may be taught than provided 
in this article, but such higher branches or books shall 
not be taught to the exclusion of the branches or books 
mentioned in this article. 

1845. Other books used upon failure to furnish those 
adopted. — The patrons of the public schools throughout 
the State may procure books in the usual way in case 



PUBLIC SCHOOL LAWS OF ALABAMA. 67 

no con tract shall be made, or the contractor fails or 
refuses to furnish the books provided for in this article 
at the time required for their use in the respective 
schools. 

1846. Appropriation. — The sum of three thousand 
dollars, or so much thereof as may be necessary, to be 
paid out of the moneys in the treasury not otherwise 
expended, is appropriated for the purpose of paying the 
costs and expenses of carrying into effect the provi- 
sions of this article. 

1847. Compensation of commissioners. — The gov- 
ernor and superintendent of education shall serve on 
the commission without compensation, and the other 
members of the commission shall be paid the sum of 
four dollars per day during the time they are actually 
engaged, and in addition shall receive ten cents per 
mile for each mile traveled from the"r homes to their 
place of meeting and return thereto, to be paid out of 
the funds appropriated by the precede g section, and 
they shall each make and swear to a statement of the 
number of miles traveled and the number of days ac- 
tually engaged. 

1848. Clerk of cow mission; compensation of. — The 
commission may appoint a clerk who shall have three 
dollars per diem during the time he is actually engaged 
and the same mileage as is allowed the members of the 
commission. 

1849. Books adopted continue for five years. — The 
adoption made as provided for in this article shall con- 
tinue for five years from the expiration of the existing 
contract, unless otherwise provided. 

1850. Failure to furnish books; contract for unex- 
pired term. — In case of the failure of any contractor to 
furnish the books as provided in his contract his bond 
shall be declared forfeited, and the State school-book 
commission mav make such other contract for the unex- 



68 PUBLIC SCHOOL LAWS OF ALABAMA. 

pired term with another person to provide such books 
as they may deem advisable for the best interest of the 
State. 

(See Criminal Provision, Sections 7751, 7752 and 
7753, pages 37-38 of this pamphlet.) 



ARTICLE 19. 

*ELECTTON FOR SPECIAL TAX FOR PUBLIC SCHOOLS. 

1851. Petition for call for election. — Upon a petition 
signed by two hundred or more qualified electors of the 
county who are also freeholders, to the court of county 
commissioners, or court of like jurisdiction in any coun- 
ty within the State of Alabama, the said court shall 
order an election to determine whether or not a special 
tax shall be levied for the support of the public schools 
within said county as hereinafter provided; but only 
one such election shall be held in any two years. 

1852. Notice and publication. — There shall be made 
publication of the same in some newspaper within the 
county, which publication shall show the rate of such 
proposed tax, the time it is proposed to be continued, 
and the purpose for which the levy is proposed to be 
made. 

1853. - Managers and officers of election as in general 
election. — The inspectors and officers of the election 
shall be appointed and such elections shall be held and 
the result of said elections shall be declared in the same 
manner and by the same officers as is the result of the 
regular elections for county officers under the general 
laws of the State. 



*An act authorizing the submission of an amendment to the Con- 
stitution to provide for local taxation by county and by district, was 
passed by the Legislature in February. 1915. See pages 149-150 



PUBLIC SCHOOL LAWS OF ALABAMA. 69 

1854. Qualified electors, etc. — All persons who are 
at the time of such election qualified electors in the 
county where such election is held under the laws and 
Constitution of Alabama then in existence, shall be qual- 
ified electors to participate therein. 

1855. Ballot; form and manner of voting. — The 
court of county commissioners, or court of like juris- 
diction, shall provide a sufficient number of ballots for 
each voting precinct within said county, and at the top 
of each ballot shall be printed the rate of such proposed 
tax, the time it is to be continued, and that the purpose 
is for the support of the public schools, and directly un- 
derneath in plain type shall be printed on different lines 
the worcls, "For proposed taxation," "Against proposed 
taxation," and a place must be left directly to the left 
of each line thereof, and the voters favoring the pro- 
posed taxation will make a cross mark directly to the 
left of the line "For proposed taxation," and the voter 
not favoring proposed taxation will make a cross mark 
directly to the left of the line "Against proposed taxa- 
tion." 

1856. Special tax levied <tnd assessed. — If three- 
fifths of those voting at said election have voted for the 
proposed taxation, the court of county commissioners, 
or court of like jurisdiction, shall levy said special tax, 
and cause the tax assessor to assess the same on the 
taxable property in said county, which shall not exceed 
ten cents on each one hundred dollars of taxable prop- 
erty in said county; but the rate of such special tax 
shall not increase the rate of taxation, State and county 
combined, in any one year, to more than one dollar and 
twenty-five cents on each one hundred dolars of taxa- 
ble property in said county, but all special county taxes 
for public buildings, roads, bridges, and the payment 
of debts existing at the ratification of the constitution 
of 1875 shall not be included in the aforesaid one dollar 
and twenty-five cents on the hundred dollars of tax- 
able property. 



70 PUBLIC SCHOOL LAWS OF ALABAMA. 

1857. Time tax continues. — The time such special 
tax may continue shall not be less than two years. 

1858. Tax; hoic collected and disbursed. — The tax 
collector shall collect such special tax in the same man- 
ner and under the same requirements and laws as taxes 
of the State are collected, and shall keep said amount 
separate and apart from all other funds, and keep a 
clear and distinct account thereof, showing what 
amount is paid by the negro race and what amount is 
paid by the white race, and turn the same over to the 
county superintendent of education, whose duty it shall 
be to receipt therefor and apportion the same to the 
various schools throughout the county in the same man- 
ner as the general school funds from the State are ap- 
portioned in said county; provided, that the school 
terms of the respective schools shall be extended by 
such supplement as nearly the same length of time as 
practicable. 

1859. Election held at time for general election; 
costs of such election. — The election hereinbefore pro- 
vided for may be had at the time of holding any regular 
election within the county, and if held at such time the 
inspectors and officers of the general election shall con- 
duct at the same time the election herein provided for; 
and for such services they shall receive no compensa- 
tion other than that allowed them for the holding of the- 
general election; but if such an election is had at any 
other time than that of holding a regular election with- 
in the county, then the election officers shall receive the 
same pay as that for holding a general election. 

1860. Compensation of tax collector, tax assessor, 
and county superintendent of education. — The tax col- 
lector, tax assesor, and county superintendent of edu- 
cation shall receive for the services required of them 
under the provisions of this article the same per cent of 
the funds handled as they receive for like services as to 
general taxes. 



PUBLIC SCHOOL LAWS OF ALABAMA. 71 

ARTICLE 20. 

HIGH SCHOOLS FOR COUNTIES. 

1861. High school commission to locate and estab- 
lish. — The governor, auditor and superintendent of edu- 
cation, shall constitute a commission to locate one high 
school in each of the counties of this State. 

1862. Rites procured; annual donations paid qnar- 
etrly. — For any county in which the citizens thereof 
shall secure a suitable site which shall consist of not 
less than five acres of land, the title to the surface of 
which shall he in fee (but the land need not include 
mineral rights) and erect thereon a good and substan- 
tial building with all necessary equipments for a hi<rh 
school, the cost of said building to be not less than 
$5,000, and upon making a deed to the State of Ala- 
bama of said land, building and equipment, there shall 
be appropriated out of any money in the treasury, not 
otherwise appropriated, the sum of three thousand dol- 
lars and this appropriation is hereby made to continue 
annually, beginning July 1st, 1011. Provided further 
that all appropriations made by the State and other- 
wise must be paid quarterly and in accordance with 
the rules and regulations made by the high school com- 
mission. 

1863. Hifjh school controlled hi/ high school commis- 
sion and count)/ hoard of education. — Each county high 
school of the State shall be under the direction and con- 
trol of the county board of education of the county in 
which the high school is located, but every action of the 
county board of education is subiect to the approval of 
the high school commission. Provided further, that 
rules and regulations for the government of the county 
high schools of the State and the emplovment of the 
teachers in said county high schools shnll be made 
by the high school commission. 

1861. Free schools and office of trustee not abolish- 
ed. — Nothing in this article shall be so construed as to 



72 PUBLIC SCHOOL LAWS OF ALABAMA. 

abolish any free school in any district, or the office of 
trustee in any district in which said high school may be 
located. 

1865. Qualifications and eligibility of teachers and 
students. — No teacher shall be eligible to teach in any 
high school established under the provisions of this 
article, unless holding a first-grade or life certificate. 
Nor shall any student be eligible to entrance into said 
high school unless said student can pass a satisfactory 
examination in the branches of free public instruction 
in the elementary schools of his or her county. Such 
schools shall be open to students of the white race re- 
gardless of age who have complied with the provisions 
of this section. 

1866. Course of study. — A course of study for such 
school or schools shall be provided and required by the 
superintendent of education ; such course of study shall 
consist of secondary branches of study. 

1867. Matriculation fee. — A matriculation fee of not 
more than two and one-half dollars to be fixed by the 
county board of education in which a county high school 
is or may hereafter be located and in operation, may be 
charged to each student entering said high school, to 
defray the necessary expenses of said high school dur- 
ing each term, provided a part of the matriculation fees 
may be used for library purposes in said high school. 
All funds accruing from fees as provided herein, 
shall be paid out by the treasurer of the high school 
upon the order of the principal of said school. 

Note.- — By an act approved Aug. 26, 1909, boards of revenue or 
courts of county commissioners are authorized to appropriate funds 
from the county treasury to aid in the construction or improvement 
of necessary buildings and for the maintenance and support of county 
high schools. 

Note. — By an opinion of the Attorney General, rendered Aug. 21, 
1908, the county high school is held to be a part of the public school 
system and the county board of education is authorized to make 
appropriations for the maintenance of the county high school. 



PUBLIC SCHOOL LAWS OF ALABAMA. 73 

AKTICLE 21. 

UNIVERSITY OF ALABAMA. 

1869. (3G67) (1058) (1295) Incorporation of uni- 
versity. — The governor and the superintendent of edu- 
cation, by virtue of their respective offices, and the trus- 
tees heretofore appointed from the different congres- 
sional districts of the State under the provisions of sec- 
tion 264 of the constitution, and such other members as 
may be from time to time added id the board of trus- 
tees, and their successors in office, are constituted a 
body corporate under the name of "The board of trus- 
tees of the University of Alabama," to carry into effect 
the purposes and intent of the congress of the United 
States in the grant of lands by the act of April 20, 1818, 
and of the act of March 2, 1819, to this State, to be by it 
held and administered for the benefit of a seminary of 
learning. 

1870. (3668) (1059) (1296) General powers, duties, 
and liabilities of such corporation. — Such corporation 
shall have all the rights, powers, and franchises neces- 
sary to or promotive of the end of its creation, and shall 
be charged with all the corresponding duties, liabilities, 
and responsibilities. 

1871. (3669) (1060) (1297) Potcer of holding and 
disposing of property. — Such corporation may hold, 
and may lease, sell, or in any other manner not incon- 
sistent with the object or terms of the grant or grants 
under which it holds, dispose of any property, real or 
personal, or any estate or interest therein, remaining of 
the original or any subsequent grant by congress, or by 
this State, or by any person, or accruing to the corpora- 
tion from any source, including also the proceeds of the 
"University Fund," as to it may seem best for the pur- 
poses of its institution. 

1872. (3670) (1061) (1298) University fund defin- 
ed; credit of State pledged for payment of interest. — 



74 PUBLIC SCHOOL LAWS OF ALABAMA. 

The fund designated in the preceding section as the 
"University Fund" consists of the sum of thirty-six 
thousand dollars per an mini as interest on the funds of 
the University of Alabama, heretofore covered into the 
treasury, for the maintenance and support of said insti- 
tution, which said sum of thirty-six thousand dollars 
shall be paid to the duly authorized agent of the uni- 
versity as hereinafter provided; and the further sum of 
twenty-five thousand dollars, annually, is added to and 
made a part of the university fund. 

1873. ( 3671 ) ( 1062 ) ( 1299 ) When gifts or gran t not 
affected; what not a forfeiture. — No grant or gift, by 
will or otherwise, shall fail on account of any misnomer 
or informality, when the intention of the grantor or 
donor can be ascertained; nor shall any default, malfea- 
sance on the part of the trustees or other officers or 
agents of such corporation, work a forfeiture of any of 
its rights, powers, privileges, or franchises. 

1874. (3672) (1063) (1300) Rights, etc.. of univer- 
sity continued in corporation. — In addition to the 
rights, properties, privileges, and franchises herein 
granted, all rights, properties, privileges, and franchises 
heretofore, by any act of the legislature, granted to or 
vested in the University of Alabama, shall vest and con- 
tinue in such corporation. 

1875. (3673) (1064) (1301) Powers of board of 
trustees; no exclusion from benefit of "University 
Fund/' etc. — The board of trustees have the power to 
organize the university by appointing a corps of in- 
structors, who shall be styled the faculty of the univer- 
sity, and such other officers as the interest of the univer- 
sity may require; to remove such instructors or officers, 
and to fix their salaries or compensation, and increase 
or reduce the same at their discretion ; to institute, reg- 
ulate, alter, or modify the government of the university, 
as they may deem advisable; to prescribe courses of in- 
struction, rates of tuition, price of board, and regulate 
the necessary expenses of students; and to confer such 



PUBLIC SCHOOL LAWS OF ALABAMA. 75 

academic and honorary degrees as are usually con- 
ferred by literary institutions. They may delegate to 
the faculty of the university, or other officers, such pow- 
ers and functions in the government of the students, 
and in the administration of the affairs of the univer- 
sity, as they may deem proper; but in no case shall any 
person be authorized to receive, hold, or disburse any 
funds of the university without having first given bond, 
conditioned for the faithful discharge of his duties; and 
no person shall be excluded from the full benefit of the 
university fund, or placed at any disadvantage in the 
pursuit of his studies, who possesses the requisite liter- 
ary and other qualifications, and is willing to submit to 
the discipline prescribed the students. 

1876. (3674,3675) (1065,1066) (1302,1303) Classi- 
fication of trustees; term and oath of office. — The State 
university shall be under the control of the board of 
trustees, which shall consist of two members from the 
congressional district in which the university is located, 
and one from each of the other congressional districts 
in the State, the superintendent of education, and 
the governor, who shall be ex-officio president of the 
board. The members of the board of trustees, as now 
constituted, shall hold office until their respective terms 
expire under existing law, and until their successors 
shall be elected and confirmed, as hereinafter required. 
Successors to those trustees whose terms expire in 
nineteen hundred and two shall hold office until nine- 
teen hundred and seven; successors to those whose 
terms expire in nineteen hundred and four shall hold 
office until nineteen hundred and eleven ; successors to 
those trustees whose terms expire in nineteen hundred 
and six shall hold office until nineteen hundred and 
fifteen; and thereafter their successors shall hold office 
for a term of twelve years. When the term of any mem- 
ber of such board shall expire, the remaining members 
of the board shall, by secret ballot, elect his succesosr, 
provided, that any trustee so elected shall hold office 
from the date of his election until his confirmation or 
rejection by the senate, and, if confirmed, until the ex- 



76 PUBLIC SCHOOL LAWS OF ALABAMA. 

piration of the term for which he was elected, and until 
his successor is elected. At every meeting of the legis- 
lature the superintendent of education shall certify to 
the senate the names of all who have been so elected 
since the last session of the legislature and the senate 
shall confirm or reject them, as it shall determine is for 
the best interest of the university. If it reject the names 
of any member it shall thereupon elect trustees in the 
stead of those rejected. In the case of a vacancy on said 
board by death or resignation of a member, or from any 
cause other than the expiration of his term of office, the 
board shall elect his successor, who shall hold office un- 
til the next session of the legislature. When the name 
of a successor or successors elected by said board to nil 
the vacancy or vacancies so occasioned shall be certified 
by the superintendent of education to the senate, and 
the senate shall confirm, or reject, as it shall determine 
is for the best interest of the university; and if con- 
firmed by the senate, the person or persons so elected to 
fill said vacancy shall hold office for the unexpired term 
to which he is so elected. If the senate rejects the name 
of any person to fill said vacancy, it shall thereupon 
elect some person or persons in the stead of those re- 
jected. No trustee shall receive any pay or emolument 
other than his actual expenses incurred in the discharge 
of his duties as such. 

1877. (3676) (1067) (1304) Quorum of board of 
trustees; president pro tempore. — Five members of the 
board of trustees, exclusive of the ex officio members, 
shall constitute a quorum, and every member present 
shall be required to vote, and a majority of those pres- 
ent shall govern. At their first meeting, the board shall 
elect one of their number president pro tempore, who 
shall preside in the absence of the governor, and shall 
hold the position until the next annual or special meet- 
ing, when another president pro tempore shall be 
elected. 

1878. (3677) (1068) (1303, 1304) Time and place of 
meeting of trustees. — The board of trustees shall meet 



PUBLIC SCHOOL LAWS OF ALABAMA. 77 

at least once in each year, and on the last Wednesday 
in June, unless some other day is selected by them, and 
the may, by ordinance or resolution adopted by them, 
prescribe other regular times for meeting. At such 
meeting they may continue in session as long as they 
may deem proper for the welfare of the institution, and 
may at any session appoint a special or adjourned meet- 
ing. Upon the written application of four members, or 
of any three members with his concurrence, the presi- 
dent pro tempore shall appoint a special meeting, and 
issue notice thereof to the several members; but such 
special meeting shall not be appointed for a day less 
than twenty days subsequent to the date of the notice. 
In case there is no president pro tempore of the board. 
or in case he is incapicitated to act, then the governor, 
as president of the board, shall, upon the written appli- 
cation of four members, in like manner call such special 
meeting. Regular meetings of the board must be held 
at the university, but special or adjourned meetings 
may be held at the university or in the city of Mont- 
gomery, or in the city of Birmingham. 

1879. (3678) (1069) (1305) Proceedings of board 
recorded; employment of secretary; payment of ex- 
penses, etc. — The proceedings of the board of trustees 
must be recorded in a substantially bound book, which 
must be kept in the archives of the university; and the 
board may at any meeting employ a secretary. The cer- 
tificate of the president, or in his absence, of the presi- 
dent pro tempore, countersigned by the secretary, if 
there be one, shall entitle the several trustees to their 
constitutional pay out of the treasury of the university; 
and the compensation of the secretary and the necessary 
incidental expenses of the board at each session shall 
be paid on the order of the board, and the certificate of 
the president, or president pro tempore, as the case may 
be, out of such treasury. 

1880.- (3679) (1070) (1306) Report by board to the 
legislature. — It shall be the duty of the board of trus- 
tees to make to the legislature, at each session thereof, 



78 PUBLIC SCHOOL LAWS OF ALABAMA. 

a full report of their transactions, and of the condition 
of the university, embracing an itemized account of all 
receipts and disbursements on account of the university 
by those charged with the administration of its finances. 

1881. (3681) (1072) (1309) (430) (384) Interest 
on "University fund" ; how payable. — The State treas- 
urer, must, quarterly, on the last day of December, 
March, June and September of each year, pay the "uni- 
versity fund," as defined by section 1872 (3670) of this 
code, to the treasurer or any authorized agent of the 
university; and on the application of such treasurer or 
agent, the State auditor shall draw his warrant on the 
State treasurer for the amount due; such payments to 
commence on the days specified after the present con- 
stitution becomes operative. 

1882 (3682) (1073) (1308) Right reserved to the 
legislature to revise and amend. — -The right is reserved 
to the legislature to revise or amend the provisions of 
this article, and in virtue of the character of the trust 
conferred by the act of congress, to intervene, and, by 
special enactment, to direct and control the board of 
trustees in the discharge of their duties and functions. 

1883. (3683) Law department to receive second-hand 
text-books from State library. — The justices of the su- 
preme court are authorized from time to time to set 
apart and turn over to the law department of the uni- 
versity, copies of such second-hand or superseded law 
books, known as text-books, as they may deem expedi- 
ent, the marshal and librarian taking jiroper receipts 
therefor. 

1884. (3684) Law department must be supplied with 
Codes. — The secretary of State shall supply to such law 
department ten copies of the Code of Alabama and ten 
copies of the acts of the legislature, and ten copies of 
each volume of the current reports of the supreme 
court, as the same may, from time to time, be published. 



PUBLIC SCHOOL LAWS OF ALABAMA. 79 

1885. (3G85) Police of grounds; appointment, pow- 
ers, (ind duties. — The president of the university has 
authority to appoint or employ one or more suitable 
persons to act as police officers to keep off intruders 
and prevent trespass upon and damage to the property 
of the university. Such person shall be charged with all 
the duties and invested with all the powers of police 
officers, and may eject trespassers from the university 
buildings and "rounds, and may, without warrant, ar- 
rest persons guilty of disorderly conduct, or of tres- 
pass on the property of the institution, and carry them 
before the nearest justice of the peace or other officer 
charged with the trial of such offenders, before whom, 
upon proper affidavit charging the offense, such person 
so arrested may be tried and convicted as in case of 
persons brought before him on a warrant; and such 
officer or officers shall have authority to summon a 
posse comitatus. 

1886. Lands, sale, lease, or other disposition pro- 
ruled for. — The board of trustees of the University of 
Alabama may sell, lease, or otherwise dispose of, all of 
any part of such land as has been or may be selected 
under and by virtue of an act of Congress entitled, "An 
act to increase the endowment of the University of Ala- 
bama from the public school lands in said State," ap- 
proved April 23, 1881; and may sell lands or any inter- 
est therein or part thereof for such prices and upon 
such terms as to them may seem proper. Such sales 
may be for cash or for part cash, and the said board of 
trustees of the Unh'ersity of Alabama shall not be lim- 
ited by any statute heretofore enacted as to what part 
of the purchase price of such lands which they have 
heretofore sold or may hereafter sell shall be in cash, 
but the per cent of the purchase price of such lands that 
may have bee 1 ! or shall be in cash, shall be such as said 
board of trustees of the University of Alabama may 
agree upon with the purchaser or purchasers, 

1887. Executive committee created and authorized 
to act. — The board of trustees of the University of Ala- 



80 PUBLIC SCHOOL LAWS OF ALABAMA. 

bama may create an executive committee consisting of 
three or more of the trustees composing the said board 
upon which committee it may confer full power and 
authority to lease, sell, and convey such lands or any 
part thereof, or any interest therein, as fully as said 
board of trustees of the University of Alabama could 
itself do. 

1888. Sales, leases, etc., ratified and confirmed, — All 
sales, agreements to sell, leases, and other dispositions 
of such lands, or any part thereof, or any interest there- 
in, heretofore made or attempted to be made by the 
board of trustees of the University of Alabama, or by 
any executive committee by it created, irrespective of 
the per cent of the purchase price which may have been 
paid in cash, are ratified and confirmed, and shall be 
binding upon the board of trustees as fully as if the 
same were made after the 28th day of February, 1907, 
and in cases where the same were made by an executive 
committee, as if the same were made by the board of 
trustees of the University of Alabama. 

1889. Medical department of the University of Ala- 
bama. — The corporation styled the Medical College of 
Alabama is dissolved, and the institution heretofore 
known as the Medical College of Alabama is constituted 
the Medical Department of the University of Ala- 
bama, and shall hereafter be under the sole manage- 
ment, ownership, and control of the board of trustees of 
the University of Alabama; but the said Medical De- 
partment shall remain at Mobile for all time. All ap- 
propriations of money which may hereafter be made in 
aid of the medical college shall inure to the benefit of 
the said Medical Department of the University or Ala- 
bama, and shall be paid to the trustees of the University 
of Alabama for the use and benefit of said Medical De- 
partment at Mobile, Alabama. 



PUBLIC SCHOOL LAWS OF ALABAMA. 81 

ARTICLE 22. 

CEMENT LABORATORY. 

1893. Testing laboratory for cements. — The testing- 
laboratory of the University of Alabama is the official 
testing laboratory for cements and other materials of 
construction. 



ARTICLE 23. 

SUMMER SCHOOL. 

1894. Summer school at university established. — The 
trustees of the University of Alabama may establish at 
that institution a school to be known as the summer 
school for teachers, at which during the summer 
months instruction shall be given in all the public 
school studies and in such other studies as may be nec- 
essary to better prepare teachers for efficient service in 
the public schools of this State. 

1895. Annual appropriations. — For the maintenance 
of the summer school for teachers, the sum of five thou- 
sand dollars is appropriated annually. 

1896. Appropriation; how and when paid. — The sum 
of five thousand dollars shall, on the first day of July 
of each year, be paid by the State Treasurer to the 
treasurer of the University of Alabama, on warrants 
drawn by the State auditor as warrants are drawn 
for other appropriations to the university. The trus- 
tees of the university shall report in writing to the legis- 
lature at each regular session thereof the manner in 
which the appropriation has been expended. 

1897. Matriculation or tuition fee. — No matricula- 
tion or tuition fee shall be charged to Alabama teach- 
ers, and no incidental fee exceeding three dollars per 
session shall be charged any Alabama teacher. 



82 PUBLIC SCHOOL LAWS OF ALABAMA. 

1898. Examinations conducted] by State board of 
examiners annually. — The State board of examiners for 
teachers shall conduct or have conducted, annually, at 
the university, at the close of the summer school for 
teachers, an examination for the convenience of teach- 
ers attending that school. The examination shall be 
equal in all respects to the regular examination re- 
quired by law. The same fees shall be charged, and the 
examinations shall be conducted under the same rules 
and regulations. 



ARTICLE 24. 

ALABAMA POLYTECHNIC INSTITUTE. 

1899. (3686) (1074) Incorporation of the Alabama 
Polytechnic Institute. — The governor and the superin- 
tendent of education, by virtue of their respective offi- 
ces, and the trustees appointed from the different con- 
gressional districts of the State, under the provisions of 
section 266 of the constitution of 1901, and their suc- 
cessors in office, are constituted a body corporate under 
the name of "The Alabama Polytechnic Institute," to 
carry into effect the purpose and intent of the congress 
of the United States in the grant of lands by the act of 
July 2, 1862. 

1900. (3687) (1075) General potoers, duties, and 
liabilities of institute— Such corporation shall have all 
the rights, privileges, and franchises necessary to a pro- 
motion of the end of its creation, and shall be charged 
with all corresponding duties, liabilities and responsi- 
bilities. 

1901. (3688) (1076) Credit of State pledged to pay- 
ment, of interest. — For the payment of the interest, at 
the rate of eight per cent per annum, on the fund of two 
hundred and fifty-three thousand and five hundred dol- 
lars, arising from the sale of the script for the land do- 



PUBLIC SCHOOL LAWS OF ALABAMA. 83 

nated in trust to this State by the act of congress of 
July 2, 1862, the faith and credit of the State are for- 
ever pledged. 

1902. (3689) (1077) Powers of board of trustees.— 
The board of trustees have the power to organize the 
institute by appointing a corps of instructors, who shall 
be styled the faculty of the institute, and such other 
instructors and officers as the interest of the institute 
may require; and to remove any such instructors or 
other officers, and to fix their salaries or compensation, 
and increase or reduce the same at their discretion; to 
regulate, alter, or modify the government of the insti- 
tute as they may deem advisable ; to prescribe courses of 
instruction, rates of tuition, and fees; to confer such 
academic and honorary degrees as are usually conferred 
by institutions of similar character; and to do whatever 
else they may deem best for promoting the interest of 
the institute. They shall also establish and maintain a 
military department in the institute, and elect a com- 
mandant and such other officers as may be necessary 
for the department. 

1903. (3690) (1078) Classification of trustees.— 
The trustees of the institute are divided into three 
classes, as follows : The trustees from the fourth, fifth, 
seventh, and ninth districts shall constitute the first 
class; those from the eighth, sixth, and second districts 
shall constitute the second class; and those from the 
third and first districts shall constitute the third class; 
and they shall hold office, and their seats be vacated as 
prescribed by section 266 of the constitution. 

1901. (3691 (1079) Vacancy in office of trustees; 
hoio filled; term of appointee. — Any vacancy in the of- 
fice of trustee, occurring during the recess of the legis- 
lature, shall be filled by appointment of the governor, 
such appointee to hold until the next session of the leg- 
islature thereafter; such vacancy shall be filled by the 
governor, by and with the consent of the senate; and 
any trustee appointed to fill a vacancy by the governor, 



84 PUBLIC SCHOOL LAWS OF ALABAMA. 

by and with the consent of the senate, shall hold during 
the unexpired term. 

1905. (3692) (1080) Time and place of meetings of 
trustees. — The board of trustees shall hold their meet- 
ings at the institute on the last Monday in June of each 
year, unless the board shall, in regular session, deter- 
mine to hold its meetings at some other time and place; 
and upon the application in writing of any four mem- 
bers of the board, the governor shall appoint a special 
meeting, naming the time and place thereof, and cause 
notices thereof to be issued to the several members of 
the board, but such meeting shall not be appointed for a 
day less than twenty days subsequent to the date of the 
notice. 

1906. (3693) (1081) Quorum of board of trustees.— 
Six members of the board of trustees shall constitute a 
quorum, but a smaller number may adjourn from day 
to day until a quorum is present. 

1907. (3694) (1082) Payment of expenses to trus- 
tees. — The certificate of the president of the board, or, 
in his absence, of the president pro tempore, counter- 
signed by the secretary, shall entitle the several trustees 
to the payment of their actual expenses incurred in the 
discharge of their duties as such trustees. 

1908. (3695) (1083) When gift or grant not affect- 
ed: what will not operate a forfeiture. — No grant or 
gift, by will or otherwise, shall fail on account of any 
misnomer or informality, when the intent of the grant- 
or or donor can be arrived at ; nor shall any default, 
malfeasance, or misfeasance, or non-user, on the part of 
the trustees, or other officers or agents of such corpora- 
tion, work a forfeiture of any of its rights, privileges, 
powers, or franchises. 

1909. (3696) (1084) Report of trustees to legisla- 
ture. — It shall be the duty of the board of trustees to 
make, or cause to be made to the Legislature, at each 



PUBLIC SCHOOL LAWS OP ALABAMA. 



85 



session thereof, a full report of their transactions, and 
of the condition of the institute, embracing an itemized 
account of all receipts and disbursements on acount of 
the institute by those charged with the administration 
of its finances. 

1910. (3697) 1085) Interest paid by treasurer; 
when bond required of officers or agents. — The State 
treasurer must pay the interest on the fund of two hun- 
dred and fifty-three thousand and five hundred dollars 
arising from the sale of land script quarterly, as the 
same may accrue to the treasurer or other authorized 
agent or officer of the institute; and on the application 
of the treasurer, agent, or officer, the State auditor shall 
draw his warrant on the State treasurer for such inter- 
est; but in no case shall any person be authorized to re- 
ceive, hold, or disburse any fund of the institute, with- 
out first having given bond conditioned for the faithful 
performance of his duties. 

1911. Appropriation in lieu of fertilizer tag tax; how 
paid. — In lieu of the share of the proceeds arising from 
the sale of fertilizer tags heretofore paid to the Alabama 
Polytechnic Institute, the sum of thirty-two thousand 
dollars for one year 1907-1908, thirty-six thousand dol- 
lars for the year 1908-1909, thirty-eight thousand dol- 
lars for the year 1909-1910, and thereafter forty thou- 
sand dollars annually is appropriated to said institute, 
and the funds thus appropriated shall be paid out of 
any funds in the treasury of the State not otherwise ap- 
propriated, which appropriation shall be paid on the 
requisition of the president and treasurer of said insti- 
tute, upon the approval of the governor. 



AETICLE 25. 

ALABAMA GIRLS TECHNICAL INSTITUTE. 

1912. Corporate name; rights and powers of. — 
"The Alabama Girls' Industrial School" heretofore es- 



86 PUBLIC SCHOOL LAWS OF ALABAMA. 

tablished at Montevallo, is a body corporate under the 
corporate name of "The Alabama Girls' Technical In- 
stitute" and by that name may sue and contract, take 
and hold real and personal property, and have all the 
powers of a corporation established to carry on a State 
educational institution of the highest grade and rank. 

1913. Trustees; term of office; vacancy; how filled. 
— The corporation and school shall be governed by a 
board of trustees composed of the governor, the super- 
intendent of education, one trustee from every congres- 
sional district, and two trustees from the State at large. 
The trustees from the odd numbered districts shall hold 
office till the first Monday after the second Tuesday in 
January, 1911, and till their successors are appointed 
and qualified, who shall hold office for a term of eight 
years, and till their succesors are appointed and quali- 
fied. 

The trustees from the even numbered districts and 
from the State at large shall hold office till the first 
Monday after the second Tuesday in January, 1915, and 
till their successors are appointed and qualified, who 
shall hold office for a term of eight years, and till their 
successors are appointed and qualified, and thereafter 
the term of office of every trustee shall be eight years. 

Whenever a vacancy occurs in the office of trustee, 
the governor shall appoint a successor, who shall hold 
office till the next meeting of the legislature, when the 
governor, by and with the advice and consent of the sen- 
ate, shall appoint a, trustee, who shall hold office for the 
unexpired term. 

Upon the expiration of the term of office of any trus- 
tee the governor shall, by and with the advice and con- 
sent of the senate, appoint a successor. 

A trustee shall be ineligible to be elected to any office 
by the board of trustees. 

1914. Purposes for which school established. — The 
school is established for the purpose of giving therein 
instruction in the liberal arts and sciences, and the fol- 
lowing academic departments are established, for every 



PUBLIC SCHOOL LAWS OF ALABAMA. 87 

one of which a professor shall be selected as hereinafter 
provided, namely: 

1, English — literature and expression ; 2, mathemat- 
ics; 3, history and political economy; 4, psychology and 
education; 5, ancient languages; G, modern languages; 

7, chemistry and geology; 8, physics and astronomy; 9, 
biology — botany, floriculture, and horticulture. 

And the following industrial departments are estab- 
lished, for every one of which a director shall be selected 
as hereinafter provided: 

1, Art — drawing, painting, and designing; 2, vocal 
music; 3, instrumental music; 4, commercial — book- 
keeping, stenography, typewriting, telegraphy; 5, do- 
mestic art — sewing, millinery, dress-making; 6, domes- 
tic economy — cooking, chemistry of foods; 7, dairying; 

8, physical culture; 9, manual training. 

And the trustees shall, from time to time, establish 
and maintain departments wherein every other branch 
of human knowledge or industry by which women may 
live shall be taught. 

The trustees may leave vacant the office of professor 
or director in any department, as the best interests of 
the school may require, and cause instruction to be 
given therein by some competent instructor selected as 
the professors and directors are selected. 

The president, professors, and directors shall consti- 
tute the faculty of the school. 

1915. Powers to confer honorary degrees; diplomas, 
certificates, etc. — The trustees of the school, by and 
with the advice and consent of the president and facul- 
ty, may confer regular and honorary degrees upon such 
persons as they deem worthy thereof, and may grant 
and confer degrees, diplomas, or certificates of profi- 
ciency or distinction upon such students as may be en- 
titled thereto under the laAvs established by the trustees 
governing this subject. 

1916. President; election and qualification of. — The 
trustees shall elect a president for a term to be fixed by 
them, who shall not be removed during the term for 



88 PUBLIC SCHOOL LAWS OF ALABAMA. 

which he is elected, except for just cause, which shall be 
explicitly set forth in writing in the minutes of the pro- 
ceedings of the trustees and approved by a majority of 
all trustees. No person shall be eligible to the office of 
president unless he is a graduate of some college or uni- 
versity of well-known high standing, an educator by 
profession, of good moral character, and possessing 
good business and administrative qualifications, and if 
a man, must be a married man. The trustees shall fix 
the salary of the president before electing a person to 
the office, and shall not decrease the amount thereof 
during the term of office without the consent of the 
president. 

1917. Departments; professors and directors; how 
chosen. — The trustees shall establish such additional 
departments, academic and industrial, in the school as 
they deem necessary and proper, and fix the salary or 
compensation to be paid to the professors, directors, 
and instructors therein. The president of the school 
shall by and with the advice and consent of the board of 
trustees, appoint all the professors, directors, and in- 
structors of all the departments of the school. When- 
ever a nomination is rejected by the trustees' the presi- 
dent, if he so desires, shall have reasonable time within 
which to make another nomination, but he shall not 
have the power to nominate any person rejected within 
one year thereafter. Should the president fail or refuse 
to nominate any one to be a professor, director, or in- 
structor, the trustees shall elect such professors, direct- 
ors, and instructors as they deem necessary or proper. 

1918. Secretary of trustees.- — The trustees shall elect 
a secretary, who shall hold office for the term and re- 
ceive such compensation as may be fixed by the trustees, 
and shall perform such services as may be required of 
him. 

1919. Treasurer ; election, duties, and bond of. — The 
trustees shall elect a treasurer, who shall not be a trus- 
tee, who shall receive, hold, and pay out all moneys be; 



PUBLIC SCHOOL LAWS OF ALABAMA. 89 

longing to the school, or that may be paid in for the nec- 
essary expenses of any student in the school, or for her 
use and benefit, and the treasurer shall hold office for 
the term and receive such compensation as may be fixed 
by the trustees. Before entering upon his duties, the 
treasurer must give bond in such penalty as the trus- 
tees may fix, payable to "The Alabama Girls' Indus- 
trial School," with conditions that he will faithfully re- 
ceive, safely keep, and lawfully pay out, and promptly, 
fully, and fairly account for all moneys or choses in ac- 
tion which may come to him by virtue of his office, and 
the trustees may require a new bond, or an additional 
bond, whenever they judge that the interest of the 
school requires it. 

1920. Removal of treasurer. — Whenever the funds 
in the hands of the treasurer, or about to be received by 
him, are in danger of being lost, the trustees may re- 
move the treasurer from office and take from him all 
funds and choses in action belonging to the school or 
any pupil therein, and may, in that event, appoint a 
temporary custodian with bond or security to hold such 
funds. 

1921. Books of institution kept; must be open to in- 
spection. — The secretary, treasurer, and all other offi- 
cers, agents, or servants of the school who are required 
to keep, use, or dispose of any property or supplies of 
the school, shall keep accounts of their transactions in 
books to be furnished them by the trustees, which shall 
at all times be open to the inspection and examination 
of the president, the trustees, or any one appointed by 
the trustees thereto, and any person withholding such 
book or books belonging to the school from the inspec- 
tion of any officer entitled to examine the same, shall be 
immediately removed from his office or employment by 
the president or trustees. 

1922. Pupils admitted ; qualifications of. — Any white 
girl residing in Alabama, of good moral character, in 
good health, and of sufficient physical and mental devel- 



90 PUBLIC SCHOOL LAWS OF ALABAMA. 

opment, to be judged of by the president, and over the 
age of fifteen years, who shall comply with all the re- 
quirements prescribed by the trustees, may be admitted 
into the school, and upon completing the course of study 
prescribed at the time of her admission, to the satisfac- 
tion of the faculty, shall receive the degree and diploma 
or certificate she may have earned. Whenever the ac- 
commodations of the school are sufficient to admit more 
students than apply from Alabama, then students from 
other states, territories, or foreign countries may be re- 
ceived and instructed in the school upon such terms and 
conditions as may be imposed by the trustees. 

1923. Property exempt from taxation. — The proper- 
ty of the school, of every kind and description, shall for- 
ever be exempt from all taxes, municipal, county, or 
State, and from all local assessments. The president, 
and all other teachers and officers, who may be men, are 
exempt from jury duty and from working public roads 
or streets; and the salary, wages, or compensation of all 
officers, teachers, and servants of the school shall be ex- 
empt from the process of garnishment or attachment. 

1924. Scholarships. — Every trustee of the school 
shall have the right to appoint one student possessing 
the qualifications hereinbefore prescribed, who shall be 
boarded and instructed in the school free of all charges 
for board, washing, lights, books, and incidental fees, 
but a student shall not be eligible to appointment for 
more than four years, nor shall any girl be appointed 
under this provision who is able to pay for her educa- 
tion, or whose parents, or either of them, have the abil- 
ity to pay for her education in the school. 

1925. Duties of students. — As far as may be practi- 
cable students in the school shall be employed in giving 
assistance in any department of work of the school to 
enable them to obtain instruction therein, but students 
shall be employed only in cases and to the extent that 
they may be able to render efficient service without in- 
jury to themselves or to the school. 



PUBLIC SCHOOL LAWS OF ALABAMA. 91 

1926. Rights confirmed, etc. — All rights of property 
in action which may have accrued to the school before 
the adoption of this code are confirmed and preserved, 
and no grant or gift of any valuable thing or right shall 
fail by reason of a mistake in the name of this corpora- 
tion or school; provided the intention to grant or give 
to this schol may be derived from the words used in 
designating the beneficiary or grantee. All rights, 
powers, and remedies granted in and by an act to create 
and establish an industrial school in the State of Ala- 
bama for white girls, approved February 21, 1893, and 
any act amendatory thereof, are confirmed and pre- 
served. 

1927. Instruction free. — Instruction in the school 
shall be given without charge to all pupils admitted 
who are residents of this State. 

1928. Power to condemn property. — Whenever the 
school needs any land near the school for any purpose 
of the school, and the owner thereof is a minor or an 
insane person, or refuses to sell the land to the State 
for the use of the school, the trustees shall have author- 
ity to institute in the probate court of Shelby county 
proceedings in the name of the State of Alabama, to 
condemn such land, which proceedings shall be conduct- 
ed as near as may be possible in accordance with the 
provisions of sections 3860-3903 (1712-1742) of the 
Code. It shall be the duty of the trustees to pay out of 
the funds of the school all costs of every condemnation 
proceeding instituted by them under the power hereby 
conferred. 

1929. Appropriation for girls' industrial school. — 
For the regular maintenance of the Alabama Girls' In- 
dustrial School there is appropriated, annually, thirty- 
six thousand dollars, to be paid in quarterly install- 
ments of nine thousand dollars to the treasurer of the 
school upon the order of the president of the school. 

1930. Title to and sale of lands of industrial school 
for girls. — The title to all lands granted by the congress 



92 PUBLIC SCHOOL LAWS OF ALABAMA. 

of the United States to the State of Alabama, "for use 
of" said industrial school, is retained until the trustees 
of the school shall sell the same, which sale shall be 
made only with the approval of the governor, and when 
any sale shall have been made, the governor, upon the 
request of the trustees, shall convey the lands sold to 
the purchaser, and all the proceeds arising from the 
sale of lands shall be paid into the treasury of the State 
to remain forever as a fund for the use of the school, 
and upon which there shall be paid to the school inter- 
est at the rate of six per cent, per annum, in quarterly 
installments. 

1931. Deposits of proceeds of sales, leases, etc., of 
school lands; payment of expenses of selling, etc. — The 
proceeds of all lands sold or leased by the Alabama 
Girls' Industrial School shall be paid into the State 
treasury, and the school, out of the money appropriated 
by the State for the maintenance of the school, shall 
pay all the expenses fo caring for, protecting, and sell- 
ing the lands. 

1932. Interest on land fund paid quarterly. — On the 
last day of every quarter the State treasurer shall pay 
to the treasurer of the Alabama Girls' Industrial 
School, upon the order of the president of the school, in- 
terest at the rate of six per cent per annum on the 
whole amount of the fund in the State treasury at the 
close of every quarter, arising from the sale of lands, 
and upon every sum paid into the State treasury before 
the current quarter upon which interest has never been 
paid; and all laws or parts of laws in conflict herewith 
are hereby expressly repealed. It being the purpose and 
intent of the" State of Alabama to execute in good faith 
the trust reposed in it by congress when granting the 
lands to the State for the benefit of the school, and to 
preserve the proceeds arising from the lease or sales of 
the lands of the school so granted by congress as a fund 
forever, and to pay the interest thereon for the support 
and maintenance of the school. 



PUBLIC SCHOOL LAWS OF ALABAMA. 93 

ARTICLE 26. 

ALABAMA INSTITUTE FOR THE DEAF. 

1933. (3698) (1086) (1311) (1025) Educational 
institutions for the deaf established. — There is estab- 
lished in this State and located at Talladega, an insti- 
tution for the education of the deaf, called the Alabama 
School for the Deaf. 

1934. (3699) (1087) (1312) (1026) Incorporation 
of such institution. — The governor, the superintendent 
of education, and eleven other persons, appointed as 
hereinafter provided, are made a body corporate, with 
the rights of succession forever, by the name of the Ala- 
bama School for the Deaf; and such corporation may 
acquire and hold property ; real and personal, by gift, 
devise, or any other manner, for the purpose of its crea- 
tion; may sue and contract; may have and use a com- 
mon seal ; break or alter the same at pleasure, and may 
have all the powers necessary and proper to accomplish 
the purpose of this article. 

1935. (300) (1088) (1313) (1027) Eleven trustees 
appointed by the governor; board of trustees. — Such 
board of trustees shall consist of the governor, the* su- 
perintendent of education, and eleven other persons, 
who shall be appointed by the governor and confirmed 
by the senate at the meeting of the legislature next fol- 
lowing such appointment, and if any appointment by 
the governor is rejected by the senate, the governor 
must again appoint until the full number of appoint- 
ments at such time is complete; and in case of a vacan- 
cy on said board by death or resignation of a member, 
or from any cause other than the expiration of his term 
of office, the governor may fill the vacancy by appoint- 
ment, which shall be good until the next meeting of the 
legislature, and until his successor is duly appointed 
and confirmed. Each trustee shall hold office for a term 
of six years. The board shall consist of three members 
from the congressional district in which the school is lo- 



94 PUBLIC SCHOOL LAWS OF ALABAMA. 

cated, and one from each of the other congressional dis- 
tricts, in the State. The three members from the dis- 
trict in which the school is located shall be appointed 
from Talladega county. The board shall be divided 
into three classes. The members from the first, second, 
third, and one member from the fourth district, shall 
compose the first class. The members from the fifth, 
sixth, and one member from the fourth district, shall 
compose the second class. The members from the sev- 
enth, eighth, ninth, and one member from the fourth 
district, shall compose the third class. Successors to 
those trustees whose terms expire in 1908 shall hold of- 
fice until 1914 ; successors to those trustees whose terms 
expire in 1910 shall hold office until 1916; successors to 
those trustees whose terms expire in 1912 shall hold of- 
fice until 1918; and thereafter their successors shall 
hold office for a term of six years; and the members of 
the board of trustees, as now constituted and elected, 
shall hold office until their respective terms expire un- 
der existing law; and until their successors are ap- 
pointed and confirmed as herein required. No trustees 
shall receive any pay or emolument other than his ac- 
tual expenses incurred in the discharge of his duties as 
such. These eleven persons, and the governor and the 
superintendent of education, constitute a board of trus- 
tees who shall have entire management and control of 
such institution. 

1936. (3701) (1089) (1314) (1028) Quorum, and 
meetings of board; secretary and treasurer. — A major- 
ity of such board may act, and may meet and adjourn 
from time to time as, in their judgment, the interest of 
the institution may require. They must appoint a sec- 
retary and keep a complete record of all their proceed- 
ings in a well-bound book; and they shall also appoint 
a treasurer, who shall not be a trustee, who shall give 
bond in such amount as the board may determine, and 
with such sureties as they may deem sufficient, for the 
faithful discharge of his duties as such treasurer; and 
he and his sureties shall be responsible for all funds 
which may come into his hands by virtue of his office. 



PUBLIC SCHOOL LAWS OF ALABAMA. 95 

1937. (3702) (1090) (1315) (1029) Duties of treas- 
urer. — The treasurer must pay over such funds as may 
come into his hands as such on the written order of the 
principal of the school, countersigned by the secretary 
and recorded in the minutes or records of the procede- 
ingg of the board, kept by such secretary, and the treas- 
urer shall make a. full report at the close of the fiscal 
year, and oftener, if required by the governor. 

1938. (3703) (1091) (1316) (1030) President of 
board; teachers; compensation of officers. — The board 
must appoint from their number a president, and they 
must also appoint a principal teacher for such institu- 
tion, who may nominate to the board such other assist- 
ants in the institution as he may think necessary for its 
successful management, such board having power of 
confirmation or rejection. The board must fix the 
amount of compensation for each of the officers and 
teachers, and the time of payment. 

1939. (3704) (1094) (1319) (1032) Object of the 
school; application and admission; term of pupilage. — 
The object of such school shall be to afford the means 
of education to the deaf of the State. All deaf children 
of the State between the ages of seven and twenty-one 
who are of sound mind, free from disease, and of good 
character, may be admitted to the benefits of this school. 
All applicants must make satisfactory proof to the 
board of trustees that they are citizens of the State, and 
that they are proper candidates for admission. Proof 
may be made by the applicant in person, or by next 
friend or by affidavit of any person cognizant of the 
facts, before the probate judge or notary public. The 
length of time which any pupil may continue in school 
shall not exceed ten years. Provided, however, that the 
board of trustees may increase the term of a pupil from 
year to year upon recommendation of the principal, to 
not exceeding four additional years, and no pupil shall 
be retained in school after having passed the age of 
twenty-five. No pupil shall be retained in school after 
it has been ascertained that such pupil has ceased to 



96 PUBLIC SCHOOL LAWS OF ALABAMA. 

make progress or is not being benefited. Any pupil 
may be dropped at any time for cause by the board of 
trustees. 

1940. (3708) (098) (1323) Selection and powers of 
executive committee. — The board may select from their 
number an executive committee of three, subject to 
change and removal by the majority of the board at 
any time; and such committee is authorized to meet 
and transact any business that may be transacted by a 
majority of the board ; and whatever acts such commit- 
tee may do shall be considered as done by the whole 
board. 

1941. (3710) Appropriations for each pupil. — For 
the maintenance and the support of the Alabama School 
for the Deaf the sum of two hundred and thirty-five 
dollars per pupil is hereby annually appropriated out 
of any money in the treasury not otherwise appropri- 
ated, such an appropriation to be based upon the num- 
ber of pupils enrolled on the first day of January in each 
year, and to be drawn quarterly in advance by the treas- 
urer of the board, and disbursed as directed by them. 

1942. (3711) Property to be insured and kept in 
repair; appropriation therefor. — The board of trustees 
must provide good and sufficient insurance, payable to 
the State of Alabama, upon the property of the State 
and under their control, and keep and maintain such 
property in good repair ; and for these purposes there is 
annually appropriated the sum of three thousand dol- 
lars ($3,000) to be drawn as appropriations for the sup- 
port of the institute are drawn. Such appropriation 
shall be expended only for the purpose herein speci- 
fied. 



PUBLIC SCHOOL LAWS OF ALABAMA. 97 

ARTICLE 27. 

ALABAMA ACADEMY FOR THE BLIND. 

1943. (3712) Educational institution for the blind 
established. — There is established in this State and lo- 
cated at Talladega, an institution for the education of 
the blind, called the Alabama School for the Blind. 

1944. (3713) Control and management. — Such in- 
stitution is under the control and management of the 
board of trustees of the Alabama School for the Deaf, 
who may prescribe rules and regulations for the conduct 
of the same. The principal for the Alabama School for 
the Deaf is the chief executive officer. 

1945. (3714) Objects of school; application and ad- 
mission; term of pupilage. — The object of such school 
shall be to afford means of education to the blind of the 
State. All blind children of the State between the ages 
of seven and twenty-one who are of sound mind, free 
from disease, and of good moral character may be ad- 
mitted to the benefits of this school. All applicants 
must make satisfactory proof to the board of trustees 
that they are citizens of the State, and that they are 
proper candidates for admission. Proof may be made 
by the applicant in person, or by next friend, or by 
affidavit, or by affidavit of any person cognizant of the 
facts, before a probate judge or notary public. The 
length of time which any pupil may continue in school 
shall not exceed ten years; provided the board of trus- 
tees may increase the term of any pupil from year to 
year, upon the recommendation of the principal, to not 
exceeding four additional years. And no pupil shall be 
retained in school after having passed the age of twenty- 
five. No pupil shall be retained in school after it has 
been ascertained that such pupil has ceased to make 
progress or not being benefited. Any pupil may be 
dropped at any time for cause by the board of trus- 
tees. 

4 SL 



98 PUBLIC SCHOOL LAWS OF ALABAMA. 

1946. (3716) Appropriations for each pupil. — For 
the maintenance and support of the Alabama School for 
the Blind the sum of two hundred and fifty dollars per 
pupil is hereby annually appropriated, such appropria- 
tion to be based upon the number of pupils enrolled on 
the first day of January of each year, and to be drawn 
quarterly in advance by the treasurer of the board, and 
disbursed as directed by them. 

1947. (3717) -Officers and teachers. — All officers and 
teachers of such institution must be apjjointed, and the 
salaries fixed and paid in like manner as the officers and 
teachers of the Alabama School for the Deaf are ap- 
pointed and their salaries are fixed and paid. 

1948. (3719) Laws relating to the Alabama school 
for the Deaf applicable. — All laws now in force or here- 
after enacted relating to the admission of pupils and 
the management and control of the Alabama School for 
the Deaf are applicable to the Alabama, School for the 
Blind, except so far as such laws may be inconsistent 
with the provisions of this article. 



ARTICLE 28. 

ALABAMA SCHOOL FOR NEGRO DEAF MUTES AND BLIND. 

1949. (3720) Educational institutions for negro deaf 
and blind established.— There is established in this State 
and located at Talladega, an institution for the educa- 
tion of negro deaf and blind, called the Alabama School 
for Negro Deaf and Blind. 

1950. (3721) Control and management. — Such in- 
stitution is under the control and management of the 
board of trustees of the Alabama School for the Deaf, 
who may prescribe rules and regulations for the con- 
duct of the same. The principal of the Alabama School 
for the Deaf is the chief executive officer. 



PUBLIC SCHOOL LAWS OF ALABAMA. 99 

1951. (3723) Object of school; applied i ion and ad- 
mission; term of pupilage.— The object of such school 
shall be to afford the means of education to the negro 
deaf and blind of the State. All negro deaf and blind 
children between the ages of seven and twenty-one who 
are of sound mind, free from disease, and of good char- 
acter may be admitted to the benefits of the school. All 
applicants must make satisfactory proof to the board of 
trustees that they are citizens of the State, and that thev 
are proper candidates for admission. Proof may be 
made by the applicant in person, or by next friend, or 
by affidavit of any person cognizant of the facts, before 
a probate judge or notary public. The length of time 
which any pupil may continue in school shall not ex- 
ceed ten years; provided, the board of trustees may in- 
crease the term of a pupil from year to year, upon the 
recommendation of the principal, to not exceeding four 
additional years. No pupil shall be retained in school 
after having passed the age of twenty-five. No pupil 
shall be retained in school after it has'been ascertained 
that such pupil has ceased to make progress, or is not 
being benefited. Any pupil may be dropped at any time 
for cause by the board of trustees. 

1952. (3725) Appropriations for each />Mpi/.— For 
the maintenance and support of the Alabama School for 
Negro Deaf and Blind the sum of two hundred and thir- 
ty dollars per pupil is hereby annually aprpopriated, 
such an appropriation to be based upon the number of 
pupils enrolled on the first day of January in each year, 
and to be drawn quarterly in advance by the treasurer 
of the board, and disbursed as directed by them. 

1953. (3726) Lavs reletting to the Alabama School 
for the Deaf applicable. — All laws now in force or here- 
after enacted relating to the admission of pupils and 
the management and control of the Alabama School for 
the Deaf, are applicable to the Alabama School for Ne- 
gro Deaf and Blind, except so far as such laws may be 
inconsistent with the provisions of this article. 



100 PUBLIC SCHOOL LAWS OF ALABAMA. 

ARTICLE 29. 

REFORMATORY AND INDUSTRIAL SCHOOL. 

1954. Corporate name; rights and powers. — There 
is established a reformatory and industrial school, un- 
der the name and style of the "Alabama Industrial 
School," which is a body corporate, and, as such, shall 
have perpetual succession, may sue, and may have and 
use a common seal, which it may change or alter at its 
pleasure, and may acquire by purchase, or by condemna- 
tion proceedings in the probate court of Jefferson coun- 
ty, in the name of the State of Alabama, such property, 
real and personal, as may be necessary or proper for its 
purposes, and may have and exercise all such powers 
and privileges as may be necessary or proper for carry- 
ing out the purposes of its organization, as herein de- 
clared. 

1955. Directors nominated by governor; term of of- 
fice. — The business, property, and affairs of the corpo- 
ration shall be under the management and control of 
a board of directors, which shall consist of seven ladies 
and the governor, the commissioner of agriculture and 
industries, and the attorney-general of the State, who 
shall be ex officio directors. The ladies constituting the 
first board of directors shall be nominated by the gov- 
ernor and confirmed by the senate, and those thus nomi- 
nated and confirmed shall hold, two for two years, two 
for four years, and three for six years; those holding 
for these respective terms to be designated by the gov- 
ernor in making nominations therefor to the senate. 
Thereafter the lady members of said board shall be elect- 
ed by the continuing members thereof at the expiration 
of their respective terms; and all vacancies caused by 
death, resignation, or otherwise, shall be filled by the 
board. The term of office of each member of the board, 
after the expiration of the first term, shall be for six 
years. 

1956. Officers, agents, and employees. — The board of 
directors shall elect . a president, vice-president, secre- 



PUBLIC SCHOOL LAWS OF ALABAMA. 101 

tary, and treasurer, and such other officers, agents, and 
employees as to them shall seem necessary or expedient, 
whose term of office of employment shall be for such 
time as the board may prescribe; and the board may 
remove any such officer, agent, or employee at any time, 
with or without cause. The board may also fill all va- 
cancies occurring in any such offices. 

1957. By-laws. — The board of directors may make 
such by-laws, rules, and regulations, not inconsistent 
with the laws of this State, as shall be necessary or ex- 
pedient for the government and management of said 
institution, and of its officers, agents, and emplovees, 
with power to alter, modify, change, or repeal the same. 

1958. Meetings of the board. — The board shall meet 
annually, at such time and at such place as may be 
prescribed by the by-laws; and special meetings may be 
held at the call of the president, or of the governor, or 
of a majority of the lady directors, upon such notice as 
may be prescribed by the by-laws. 

1959. White children between ages of six and eight- 
een provided for.— Said school shall receive, care, and 
provide for the welfare of white boys between the ages 
of six and eighteen, who, by their course of conductor 
surroundings, are likely to become base or criminal, or 
hurtful to the State or the best interests of society, to 
be committed to the keeping of said school under the 
provisions of this article, or who may be voluntarily 
committed to its keeping by the parent or parents, or 
person having them in charge, or who, having no parent, 
guardian, or other person to care for them, "voluntarily 
commit themselves to its keeping. 

1960. Commitment of children to reformatory. Any 

justice of the supreme court, chancellor, judge of pro- 
bate, circuit judge or judge of any city or criminal 
court of this State, may cause to be brought before him, 
upon his own motion, or the sworn complaint of anoth- 
er, any white boy between the ages of six and eighteen 



102 PUBLIC SCHOOL LAWS OF ALABAMA. 

years, who may come within any of the following de- 
scriptions, to- wit: Any white boy who is begging, or 
anyone who is offering for sale or selling anything as 
mere cover for begging. Any who have been abandoned 
by their parents, or who have abandoned their parents 
and homes, and have no visible means of support. Any 
who do not attend the public schools, and idle away 
their time in the streets, without any actual occupation 
or means of support, Any who are orphans, and have 
no sufficient or proper guardian to care for their physi- 
cal, moral, and mental welfare, to insure the child 
against pauperism and crime. Any who may be found 
destitute, or whose parents are both drunkards, or whose 
mother is a drunkard, lewd, or in prison ; and such child 
is not supported and controlled. Any who shall have 
been arrested and brought before police courts repeat- 
edly for petty offenses, and shall appear to be beyond 
control of parents. And upon any such child being 
brought before him, such judge shall proceed, at such 
time as he may appoint, to investigate the condition and 
surroundings of such child, and upon such investigation, 
if he shall be satisfied that the child comes within any 
one of said descriptions, and that it would be for the 
interest of such child that he or she be committed to 
said institution, he will make an order to that effect and 
commit the child to said institution, to be held and pro- 
vided for under its rules and regulations. At any such 
investigation, the judge holding the same shall allow 
any one to appear for the child and resist such commit- 
ment; and he shall not make any such commitment if 
the parent, guardian, or a person who is related to the 
child within the fourth degree, and sufficiently qualified 
in his opinion to take care of and provide for the child, 
will appear and agree in writing to take care of and 
provide for the child until he shall arrive at the age of 
sixteen years. 

1961. Appeals from decision committing child. — 
Any child brought before any judge for such commit- 
ment, or any person for such child, may within five days, 
appeal from the decision of the judge committing him, 



PUBLIC SCHOOL LAWS OF ALABAMA. 103 

to the circuit or city court held in the county in which 
such investigation is had, upon giving bond, with suf- 
ficient sureties, to be approved by the judge, and in such 
sum as may be fixed by him, to have the child forth- 
coming when the appeal is heard ; and if the appeal be 
taken by any person for the child, the bond shall fur- 
ther provide for the maintenance of the child until said 
appeal is disposed of. If, upon hearing of the appeal, 
the decision of the judge causing the commitment is sus- 
tained, the child shall be committed by the court to said 
institution; but if that decision is not sustained, the 
child shall be discharged. And the judge before whom 
such investigation is made, or to be made, may issue all 
process that may be necessary to have the child brought 
before him, or for commitment; and such process shall 
be executed by the sheriff of the county. 

1962. Time children shall he kept in reformatory. — 
Any child committed to said institution under the pro- 
visions of this article shall be kept therein until he 
arrives at the age of twenty-one years, unless sooner 
dismissed therefrom by the order of the board of direc- 
tors, or in pursuance of any by-laws of the institution, 
or by order of the governor of the State. 

1903. Reports to legislature. — The ex officio mem- 
bers of the board shall at least once a year visit the insti- 
tution and examine into its management and condition ; 
and at each session of the legislature they shall make to 
that body a report touching the institution and its man- 
agement and condition. 

1964. Criminal children sentenced to school. — -When 
any white boy between the ages of seven and sixteen 
years shall have been tried and convicted of any crime 
punishable by imprisonment in the penitentiary, or in 
jail, or by hard labor for the county, before any court of 
this State, the court may, if of the opinion that the in- 
terests of the child would thereby be promoted, sentence 
such child to commitment to said school, in lieu of snch 
imprisonment, or hard labor for the county. 



104 PUBLIC SCHOOL LAWS OF ALABAMA. 

1965. May receive children without authority of 
court. — Said institution may, in its discretion, receive 
any child placed in its care and keeping by its parent 
or parents, without the authority of any court, and may 
keep said child until it is twenty-one years of age; but 
this shall not be done without first making provisions 
for the maintenance of said child under the rules and 
regulations of said institution. 

1966. Exclusive custody of children who are commit- 
ted. — From the time of the lawful reception of any child 
into the institution, and during its stay, said institution 
shall have the exclusive care, custody, and control of 
the child, under such rules and regulations as the board 
of directors may provide. 

1967. Instructions given children committed. — The 
officers of said school shall receive and take into it all 
children committed thereto by competent authority, or 
received therein as aforesaid, and shall cause all chil- 
dren in the school to be instructed in such branches of 
useful knowledge as may be suited to their years and 
capacities. The boys shall be taught such useful trades 
as the board may direct, and they shall be taught ac- 
cording to the course of the public schools of the State. 

1968. Treasurer of school; bond of. — The treasurer 
of the school shall, before entering upon the discharge 
of the duties of office, execute bond, payable to the "Ala- 
bama Industrial School," with good and sufficient sure- 
ties, and in such sum as the board of directors may pre- 
scribe, and with condition to faithfully discharge the 
duties of his office. 

1969. Detention and keeping of children; authority 
for. — Any commitment under this article, whether by 
judge, court, or parent, or other person having in charge 
the child, shall be full, sufficient, and competent author- 
ity to the officers and agents of said school for the 
detention and keeping therein of the child so commit- 
ted. 



PUBLIC SCHOOL LAWS OF ALABAMA. 105 

1970. Convict children separated from others. — Pro- 
vision shall be made for the care of convict children, 
separate and apart from the other children, so far as 
the same can be done with the means at hand. 



ARTICLE 30. 

PREPARATORY SCHOOL FOR MINES AND MINING. 

1971. Incorporation and name. — J. J. Mayfield, E. 
N. C. Snow, Hugh Morrow, T. H. Aldrich, H. W. De- 
Bardeleben, J. Collier Foster, and S. Friedman, and 
their successors in office, are a body corporate, to be 
known and styled "A preparatory school for mines and 
mining for the State of Alabama," for the purpose of 
preparing white children of Alabama for the study and 
pursuit of the science and art of mining. 

1972. Location mid powers of. — The situs and place 
of business of said corporation shall be at Tuscaloosa, 
Alabama ; said corporation may own, possess, and re- 
ceive by gift, purchase, grant, or devise, or in any other 
manner, real and personal property, so long as the same 
have all other powers necessary to carry into effect and 
operation the objects and purposes for which the cor- 
poration is established, or which have been heretofore 
granted by the State to other educational institutions 
may be used for the school purposes, or in any wise con- 
tributing to the maintenance or preparing and instruct- 
ing the white children of the State in the arts and sci- 
ences of mining. And the said corporation may dispose 
of said property by sale, grant, or otherwise, and shall 
have all other powers necessary to carry into effect and 
operation the objects and purposes for which the cor- 
poration is established, or which have been heretofore 
granted by the state to other educational institutions 
not inconsistent with the provisions of this article. 

1973. Faculty; election and term of office. — The trus- 
tees of said corporation shall elect the professors and 



106 PUBLIC SCHOOL LAWS OF ALABAMA. 

teachers in said school, and fix their salaries and terms 
of office, who shall constitute the faculty of said school, 
which shall institute and prescribe a course of studies 
to be pursued in said school, and the said faculty so con- 
stituted may issue certificates of proficiency to the stu- 
dents in said school. A majority of the trustees hereto- 
fore appointed shall constitute a quorum for the trans- 
action of all business in behalf of this corporation. 

1974. Trustees; classification and terms of office. — 
The trustees hereinbefore appointed and named shall be 
divided into five classes, viz. : Classes one, two, three, 
four, five and each class shall hold office respectively 
for the terms of one, two, three, four, and five years 
each, classification to be determined in the order in 
which they are named in the first section of this article; 
at the expiration of the respective terms of each of said 
trustees his successor shall be elected by a majority of 
the other trustees; provided, that after the expiration 
of the term of the trustees herein named, in the manner 
herein provided, the term of office as to all successors 
shall be for five years, and until their successors are 
elected and qualified. 



ARTICLE 31. 

SCHOOL HOUSE. 

1975. Appropriation for schoolhouses ; disbursement 
of. — The sum of sixty-seven thousand dollars shall be 
appropriated annually, or so much thereof as is neces- 
sary, out of the proceeds arising from the sale of fertil- 
izer tags by. the commissioner of agriculture and indus- 
tries, for the purpose of aiding in the erection or repair- 
ing of rural schoolhouses in this State. 

See section 7754, page 38 ; also opinion of the Attor- 
ney General, page 156. 

Note .— Sections 1975, 1976, 1977, 1981, 1992, 1993 and 1989 of this 
article were amended by the Legislature in 1911, but the Act amend- 
ing these sections was declared to be unconstitutional by a ruling 
of the Attorney General which may be found on page 170 of this 
pamphlet. 



PUBLIC SCHOOL LAWS OF ALABAMA. 107 

1976. Limitation of appropriation to any one count}/. 
— Not more than one thousand dollars of this appropri- 
ation shall be used or paid out in any one county of this 
State in a separate fiscal year. 

1977. Application of school districts for part of ap- 
propriation, — The district trustees of any school dis- 
trict, no part of which lies in an incorporated city, town, 
or village, having secured bona fide donations or sub- 
scriptions of not less than one hundred dollars for the 
purpose of building- or repairing a public schoolhouse 
in their district, may make application to the county su- 
perintendent of education to receive the benefits of this 
article. 

1978. Filing and submitting application to county 
board. — The county superintendent of education shall 
file such application and make a record of same, and 
submit it to the county board of education. 

1979. Consideration of application by county board. 
— The county board of education shall consider and in- 
vestigate all applications filed, shall approve such as 
seem just and necessary, giving preference to the most 
needful. 

1980. Record of consideration of applications; con- 
tests.- — The board shall record their proceedings, show- 
ing the applications approved by them, the amounts of 
the donation or subscription and the amount of money 
which the board recommends to be given to such dis- 
trict. 

1981. Amount of appropriation. — The amounts so rec- 
ommended for any district shall in no case exceed the 
amount secured by donation and subscriptions; nor 
shall the total for any schoolhouse exceed two hundred 
dollars. 

1982. Plans and specifications for schoolhouses ; how 
furnished. — No appropriation shall be made for the 



108 PUBLIC SCHOOL LAWS OF ALABAMA. 

building of a schoolhouse unless said schoolhouse is 
built in acordance with the plans and specifications 
either furnished by or approved by the State superin- 
tendent of education. 

1983. Area of Schoolhouse lot. — No money shall be 
appropriated for the erection of a new schoolhouse 
building on a plot of ground of less dimensions than 
two acres. 

1984. County board certifies to State superintendent 
of education application approved. — The county boards 
of education shall certify to the superintendent of edu- 
cation, in writing, showing the county from which ap- 
plications approved by them come, the amount or sum of 
money recommended by said board to be given to such 
districts, and such statement shall be signed by the 
county superintendent of education, giving his postof- 
fice address. 

1985. State superintendent orders warrant; auditor 
issues same. — Upon the receipt of the certificate by the 
superintendent of education, he shall request the State 
auditor to draw his warrant on the State treasurer for 
the sums or amounts specified therein, and shall lay be- 
fore the State auditor the statements and information 
he may possess; the State auditor shall draw his war- 
rant on the State treasurer for the amount of money to 
be given to each school district, as shown by the certifi- 
cate, and he shall make each of said warrants payable 
to the county superintendent of education of the county 
wherein such districts are situated, and shall indicate 
thereon for the benefit of what public school districts 
the same is issued. 

1986. Delivery and forwarding of warrants. — Such 
warrants shall be delivered to the superintendent of edu- 
cation, and he shall forward the same to the different 
county superintendents of education as the same are 
payable. 



PUBLIC SCHOOL LAWS OF ALABAMA. 109 

1987. Statements filed and kept. — The statements 
from which said warrants are made up shall be deliv- 
ered or returned to the State superintendent of educa- 
tion by the State auditor, after he has had the use of 
the same in the issuance of said warrants, and shall be 
safely kept in the office of the State superintendent of 
education. 

1988. Receipts for warrants and proceeds thereof. — 
All persons or officers receiving any warrant or the pro- 
ceeds thereof issued under this article shall execute a 
receipt to the person or officer from whom he receives 
the same, dscribing such warrant, 

1989. Payment of warrant to district trustees. — 
Whenever it shall be shown to the satisfaction of the 
county superintendent of education that the erection or 
repair of a public schoolhouse has been commenced and 
the amount of subscription or donation secured and a 
deed has been executed, conveying to the State of Ala- 
bama for the benefit of said district, the lot or parcel 
of land on which said public schoolhouse is being erect- 
ed or repaired, or the surface and surface rights therein 
free of encumbrance or lien, the county superintendent 
shall endorse and deliver to the district trustees said 
warrant and the amount or sum of money named in the 
same shall be paid to said trustees or to their successors 
in office, the proceeds of which shall be applied by the 
trustees to the building or repairing of the public school- 
house for which such warrant was issued. 

1990. Account with each count)/ to be kept by State 
superintendent of education.— The State superintend- 
ent of education shall, in a book kept by him for that 
purpose, open an account with each county in this State, 
and shall charge against that county the amount of each 
warrant issued under this article for the benefit of any 
of the public school districts of such county. 

1991. Warrants not delivered by county superintend- 
ent of education. — Any of the warrants not delivered by 



110 PUBLIC SCHOOL LAWS OF ALABAMA. 

the county superintendent of education by reason of 
failure of the district to comply with the requirements 
of this article, shall, after the lapse of six months from 
the receipt of same by the county superintendent of edu- 
cation, be by him returned to the State superintendent 
of education, and by him marked cancelled, and if the 
same has been charged against the county in the book 
kept under the preceding section, an entry shall be made 
therein crediting the account of said county with each 
of said cancelled warrants. 

1992. Unexpended balance carried forward. — If, at 
the end of any year, the whole appropriation for that 
year has not been exhausted, the State auditor and the 
State treasurer shall carry the unexpended balance for- 
ward, and this balance shall be available, in addition to 
the regular appropriation for the current year. 

1993. Warrants, and the proceeds thereof; how used. 
— The proceeds of all warrants issued under this article 
shall be used only for the erection or the repair of the 
public schoolhouses in the district for the benefit of 
which they shall be issued, and it shall be unlawful to 
use or apply the same to any other purpose whatso- 
ever. 

7754. Schoolhouse warrants or proceeds, wrongful 
application of; penalty. — Any person who shall know- 
ingly use or apply or authorize the use or application of 
the proceeds, or any part thereof, of any warrant deliv- 
ered to him under article 31 of chapter 41 of this Code, 
for the purpose or objects other than as required by said 
article, shall be guilty of a misdemeanor, and, on con- 
viction, shall be fined not less than two hundred dollars 
nor more than one thousand dollars, and may also be 
imprisoned in the county jail or sentenced to hard labor 
for the countv for not more than six months. 



PUBLIC SCHOOL LAWS OF ALABAMA. Ill 

PROCEEDINGS FOR AND AGAINST COUNTY 

SUPERINTENDENTS OF EDUCATION. 

(CIVIL CODE.) 

5940. Against county superintendent for balance in 
his hands. — Summary judgments must be rendered ou 
motion, after ten days' notice, in the circuit court, or 
other court having jurisdiction of the amount, of the 
county in which the defendants, or either of them, re- 
side, against any county superinetndent of education 
who has resigned, removed from the county, or been 
legally removed from office, or whose term of office has 
expired, and his sureties or any or either of them, in 
favor of his successors, if there be one, or if there be no 
successor, in favor of the superintendent of education, 
for the amount of school moneys belonging to his coun- 
ty, which has not been legally disbursed by him or paid 
over to his successor in office, with interest from the 
time of the default, and twenty per cent damages and 
costs; and the money when recovered by the superinten- 
dent of education, must be turned over to the county su- 
perintendent of education. 

5941. Authority to employ counsel. — The county su- 
perintendent of education may employ attorneys to 
prosecute actions under the provisions of this article 
against such defaulters and their sureties ; but in no 
case shall any attorney receive more than ten per cent 
of the amount which may be collected on any judgment 
obtained by him, or of the amount which may be other- 
wise recovered by him. 

5942. Notice. — The notice of such motion may be serv- 
ed by any sheriff of this State, and must succinctly 
state the cause for which, and the court and term at 
which, the motion will be made. 

5943. Transcript of superintendent of education evi- 
dence. — On the trial of such motion, a transcript from 
the books and records in the office of the superintendent 
of education or the State auditor, duly certified under 



112 PUBLIC SCHOOL LAWS OF ALABAMA. 

his hand, shall be prima facie evidence of the facts 
shown by them. 

5944. Time and manner of trial. — If the notice has 
been given as herein required, such motion shall stand 
for trial at the first term, and the court must hear and 
determine the same, and render judgment upon the evi- 
dence without a jury, unless a trial by jury shall be de- 
manded, when a jury must be immediately impaneled to 
try the issues of fact, unless good cause be shown for a 
continuance. 

5945. In favor of teachers for moneys due them; 
court and notice; appeal from justice's court. — Sum- 
mary judgment may also be rendered against the county 
superintendent of education and his sureties, or any or 
either of them, in favor of any teacher of the public 
schools, his legal representative, or assignee, by motion, 
on ten days' notice, in any court of the county of such 
superintendent, of competent jurisdiction, for failing to 
pay over, on demand, to such teacher any moneys in the 
hands of such superintendent due or owing such teacher, 
as required by law, for the amount of such moneys, with 
interest from the time of the demand, and ten per cent, 
damages on the aggregate amount, and costs; but from 
all cases tried before a justice of the peace, or notary 
public ex-officio justice of the peace, either party shall 
have the right to appeal as provided by law in other 
cases decided before such officer. 



CITY AND TOWN SCHOOLB UNDER MUNICIPAL 
GOVERNMENT.* 

, 1348. Schools; regulation of. — Cities and towns shall 
have power to establish, maintain, and regulate public 
schools in which children from seven to twenty-one years 
of age, bona fide residents of and living within the cor- 

*By an act of the Legislature approved Feb. 1, 1915, women are 
eligible to serve on boards of education. See page 149. 



PUBLIC SCHOOL LAWS OF ALABAMA. 113 

porate limits of such city or town, shall be entitled to 
admission ; and non-residents shall be admitted on such 
terms as the board of education may prescribe, and sep- 
arate schools shall be provided for children of African 
descent. 

1349. ■]• Education; board of. — In cities having a pop- 
ulation of six thousand or more, the management and 
control of the public schools therein shall be vested in 
a board of education, which shall be composed of five 
members, who shall serve without compensation, and 
shall be qualified electors and residents of the respective 
cities, and who shall not be members of the city coun- 
cil. At the first regular meeting of the council in April, 
or as soon thereafter as may be practicable, at any regu- 
lar meeting, the council shall elect the members of the 
board of education, whose terms of office respectively 
shall be one, two, three, four, and five years. Annually 
thereafter at the first regular meeting in April, or as 
soon thereafter as may be practicable, at a regular meet- 
ing, the council shall elect a member, whose term of of- 
fice shall be five years, to succeed the member of the 
board of education whose term expires that year. In 
the event of a vacancy in the membership of the board, 
by resignation or otherwise, the fact shall be reported to 
the city council by the board, and the council shall elect 
a person to fill such vacancy for the unexpired term. 

1350. Election of officers of board of education. — At 
its first regular meeting in May, after the election of 
said board, or as soon thereafter as practicable, and an- 
nually thereafter, the board shall elect from its mem- 
bership, a president and vice-president. It shall also 
elect a clerk, who need not be a member of the board, 
and may fix his compensation. The vice-president shall 
perform the duties of the president only when the presi- 
dent may be absent from the city or unable to perform 

fNote. — In those cities and towns where the commission form of 
government has been adopted, the board of education is elected by 
the members of the boards of commissioners. With this exception, 
sections 1348-1358 will still apply. 



114 PUBLIC SCHOOL LAWS OF ALABAMA. 

his duties. The board may fill any vacancy occurring 
from any cause in any of the offices mentioned in this 
section. 

1351. School property; how held. — All property, real 
and personal and mixed, now held or hereafter acquired 
for school purposes, shall be held in trust for the use of 
the public schools of the city or town, and no sale or 
purchase of real estate shall be made by any other than 
the city council of such city or town. The board of edu- 
cation shall have full and exclusive power, within the 
limits of the revenue appropriated for such purpose or 
accruing to the use of the public schools, to purchase 
fixtures, furniture, apparatus, libraries, fuel, and sup- 
plies for the use of the schools and to sell the same, and 
to make expenditures for the maintenance and repair of 
the school ground, buildings, and other property, to es- 
tablish and build new schools, when sites have been pro- 
vided by the city council, and to superintendent the erec- 
tion thereof, to make additions, alterations, and repairs 
to the buildings and other property devoted to school 
uses, and to make necessary and proper regulations, con r 
tracts, and agreements in relation to such matters. All 
such contracts shall inure to the benefit of the public 
schools, and any suit at law or in equity, brought upon 
them, and for the recovery and protection of money and 
property belonging to and used by the public schools, 
or for damages, shall be brought by and in the name of 
the city. 

1352. Appropriation for schools. — Each year the 
board of education shall make an estimate in detail of 
the amount of money required for the proper support 
and maintenance of the public schools during the next 
ensuing scholastic year, which shall be submitted to the 
city council, and the city council shall make annual ap- 
propriations for the support and maintenance of the 
schools that it may deem necessary and proper in view 
of all other needs of the government of the city and of 
the expected revenues from taxes and otherwise. Money 
so appropriated and all money received from the school 



PUBLIC SCHOOL LAWS OF ALABAMA. 115 

fund of the State, poll taxes, the sale of school property, 
the sale of bonds for school purposes, and from any 
other source whatever for school purposes, shall be 
held by the treasurer of the city as a special fund or 
funds for school purposes, and it shall be paid out by 
him on warant drawn by the clerk of the board and 
countersigned by the president, or vice-president, when 
acting as president of the board of education, and by 
the clerk of the city, and not otherwise, and no warrant 
shall be drawn unless in pursuance of a resolution of 
the board of education entered upon its minutes. 

1353. School; control of. — The board of education 
shall have full control of the public schools of the city 
or town. It shall have power to establish schools, to 
discontinue any school, to consolidate schools, to pre- 
scribe courses of study and books to be used, not in con- 
flict with the general laws in reference to text-books, to 
divide the city into school divisions as circumstances 
may require, to employ teachers and a superintendent 
of schools and necessary employees and to fix their sal- 
aries and wages, to establish and maintain high schools 
and prescribe rules for the expulsion of pupils, to expel 
any pupil guilty of gross disobedience, or willful mis- 
conduct, to dismiss any superintendent, teacher, or em- 
ployee, when in its opinion the interests of the schools 
require it, and generally to have and exercise all rights, 
powers, and authority required for the management of. 
a system of public schools. It shall be the duty of the 
board of education to examine, or cause to be examined, 
all persons, at times and places fixed by it, offering as 
candidates for teacher's places, and when found quali- 
fied to give them certificates of qualification gratuitous- 
ly, to grant diplomas without charge to graduates of the 
high schools, to visit all schools as often as once a 
month, to establish and uniformly enforce proper rules 
and regulations, to inquire into the performance of their 
duties by the teachers and superintendent, and into the 
progress of the pupils, and to prepare and submit to the 
city council an annual report showing the operation of 
the schools for the past scholastic year, and suggesting 
their needs for the future. 



116 PUBLIC SCHOOL LAWS OF ALABAMA. 

1354. Superintendent of schools. — It shall be the 
duty of the board of education to elect a superiDtendent 
of schools, fix his term of office and salary, and pre- 
scribe his powers and duties. The superintendent shall 
be required to give bond for the faithful performance of 
his duties, which shall be payable to said city, in a sum 
to be fixed by the board, not less than three thousand 
dollars, with surety or sureties to be approved by the 
president of the board, the bond to be filed with the clerk 
of the city or town. The superintendent may be elected 
clerk of the board of education, and if so elected his 
bond shall stand as security for the faithful perform- 
ance of his duties as clerk, as well as superintendent, 
however conditioned. It shall be the duty of the clerk 
of the board of education to keep full and correct detail 
account of all money received and expended. The super- 
intendent shall attend to the taking of the school cen- 
sus, which shall be taken in the months of April of each 
odd year, and it shall be his duty to make complete and 
accurate reports of the same to the superintendent of 
education of the State. 

1355.* Board of education of towns having over one 
thousand aitd less than six thousand inhabitants. — 
Towns having a population of more than one thousand 
and cities having a population of less than six thousand 
shall have a board of education to consist of five mem- 
bers, which shall be elected by the council at its first 
meeting in April, 1909, or as soon thereafter as may be 
practicable, and every two years thereafter. The mem- 
bers of said board shall be qualified electors and shall 
serve without compensation. As soon after the election 
as practicable, said board shall organize by electing one 
of their number president, and shall also elect one of 
their number secretary of said board. And said board 
shall have all the powers and be vested with all the au- 
thority in relation to public school as boards of educa- 
tion in cities of six thousand or more population. 

*Note. — In those cities and towns where the commission form of 
government has been adopted, the boards of education is elected by 
the members of the board of commissioners. With this exception, 
sections 1348-1358 will still apply. 



PUBLIC SCHOOL LAWS OF ALABAMA. 117 

In towns of one thousand population or less the man- 
agement and control of the public schools therein shall 
be vested in a board of education to consist of five mem- 
bers, who shall have all the powers and be vested with 
all the authority in relation to such public schools as 
boards of education in cities. Said board of education 
shall be elected by the qualified electors of the town at 
the first regular municipal election held under the pro- 
visions of this chapter and biennially thereafter. 

1356.* School districts. — Each incorporated city, or 
town, as a special school district, or embraced therein, 
shall receive its proportionate share of the public school 
revenue to be paid over by the State superintendent of 
education direct to the city superintendent of schools 
and by him paid over to the treasurer. 

1357. Municipalities exempt from school law. — The 
provisions of this chapter relative to public school sys- 
tems, except as to issue of bonds for the purchase of sites 
and the erection of public school houses, or either, shall 
not apply to cities and towns in counties now having by 
law a combined city and county school system, operated 
under a single board of education, or where the mem- 
bers of the board hold office for life; but any city may 
issue bonds to procure money to purchase sites and erect 
public school houses or either, and in all cases whenever 
any city or town in this State shall authorize an issue 
of bonds as provided by this chapter for the purpose of 
purchasing or constructing public school houses and 
buildings, the proceeds arising from the sale of bonds 
authorized to be issued by this chapter, shall be turned 
over to the board of education or other board acting as 
such by whatever name called, having control of the 
public schools in said city or town, to be applied to the 
payment of the costs of the improvement in said city 
or town including purchase price of suitable site there- 
for, as designated in the ordinance providing for the 
issue of the said bonds; and shall be administered under 

*Declared inoperative by a ruling of the Attorney General. See 
pages 162-6. 



118 PUBLIC SCHOOL LAWS OF ALABAMA. 

the direction of the said board of education or other 
board acting as such, and such board shall have full 
power of administration in and about the management 
and control of the said school or schools thus construct- 
ed, as part of the system under their administration 
and control. Where, by any provision of laws, any cer- 
tain or definite percentage or taxes, either or both, is 
required to be used for the maintenance of the public 
schools, then such provision shall be unaffected by this 
chapter and shall be and remain in full force and effect. 

1358. Libraries. — Cities and towns shall have the 
right to establish and maintain or aid in establishing 
and maintaining public libraries, either separately or 
in connection with the public schools. 



ACTS OP THE LEGISLATURE OF ALABAMA 

PASSED AT THE SPECIAL SESSION IN 1909, 

AT THE REGULAK SESSION IN 1911, AND 

AT THE FIRST SESSION IN 1915. 



CHILD LABOR LAW. 

No. 169.) AN ACT (H. 208. 

To regulate the employment of minor chldren within 
the State of Alabama; to prohibit the employment of 
minors under certain conditions; to provide for the in- 
spection and regulation of establishments, occupations, 
places and premises where minors are employed; to en- 
trust the enforcement of the provisions of this act to the 
State prison inspector; to punish violations of this act; 
and to repeal acts in conflict with the provisions hereof. 
Be it enacted by the Legislature of Alabama: 
Section 1. That on and after September first, 1915, 

Note. — For convenience some of the Acts passed at these sessions 
have been placed in other parts of this pamphlet. 



PUBLIC SCHOOL LAWS OF ALABAMA. 119 

no child under thirteen years of age, and on and after 
September first, 191G, no child under fourteen years of 
age shall lie employed, permitted or suffered to work 
or be employed in any gainful occupation, except agri- 
culture or domestic service: Provided, however, that 
boys twelve years of age and over may be employed in 
business offices and mercantile establishments in cities 
or towns under twenty-five thousand population, ac- 
cording to the latest federal census, during such time as 
the public schools in the city or town in which the child 
resides are not in session. 

Sec. 2. No child under sixteen years of age shall 
be cni ployed, permitted, or suffered to work in any 
gainful occupation except agriculture, or domestic ser- 
vice for more than six days in any one week, or more 
than sixty hours in any one week, or more than eleven 
hours in any one day, or before the hour of six o'clock 
in the morning, or after the hour of six o'clock in the 
evening. The presence of any child under sixteen years 
of age in any mill, factory or workshop, laundry or me- 
chanical establishment shall be prima facie evidence of 
its employment therein. 

Sec. 3. It shall be the duty of every employer to post 
and keep posted in a conspicuous place in every room 
where any boy under the age of sixteen years or any girl 
under the age of eighteen years is employed, permitted 
or suffered to work, a printed notice stating the maxi- 
mum number of hours such person may be required or 
be permitted to work on each day of the week, the hours 
of commencing and stopping work, and the hours al- 
io wed for dinner or for other meals. The printed form 
of such notice shall be furnished by the inspector here- 
inafter named, and the employment of any minor for a 
longer time in any day than so stated, or at any time 
other than as stated in said printed form of notice shall 
be deemed a violation of the provisions of this act. 

Sec. 4. No person under the age of eighteen years 
shall in any city of twenty-five thousand population, or 
more, according to the latest federal census, be employed, 
permitted or suffered to work as a messenger for any 
person, firm or corporation engaged in the business of 



120 PUBLIC SCHOOL LAWS OF ALABAMA. 

telegraph, telephone or messenger service, in the distri- 
bution, transmission or delivery of goods or messages 
after the hour of nine o'clock in the evening or before 
the hour of five o'clock in the morning of any day, and 
in any city or town under twenty-five thousand popu- 
lation no person under the age of eighteen years shall 
be employed, permitted or suffered to work as a messen- 
ger for any person, firm or corporation engaged in such 
service, in the distribution, transmission or delivery of 
goods or messages after ten o'clock in the evening, or 
before five o'clock in the morning of any day; and no 
person under twenty-one years of age shall be employed 
in any establishment where intoxicating liquors are 
manufactured or sold. 

Sec. 5. No child under the age of sixteen years shall 
be employed, permitted or suffered to work at any of the 
following occupations or in any of the following posi- 
tions: (1) operating or assisting in operating any of 
the following machines: (a) circular or band saws; 
(b) wood shapers; (c) wood jointers; (d) planers; (e) 
sand paper or wood polishing machinery; (f) wood 
turning or boring machinery ; (g) machines used in pick- 
ing wool, cotton hair, or any other material; (h) job or 
cylinder printing presses; (i) boring or drilling presses; 
(j) stamping machine used in sheet metal or tinware, 
or in paper or leather manufacturing, or in washer or 
nut factories; (k) metal or paper cutting machines; (1) 
corner staying machines; (m) steam boilers; (n) dough 
brakes or cracker machinery of any description; (o) 
wire or iron straightening or drawing machinery; (p) 
rolling mill machinery; (q) power punches or shears; 
(r) washing, grinding or mixing machinery; (s) laun- 
dering machinery; (2) or in proximity to any hazardous 
or unguarded gearing; (3) or upon any railroad, wheth- 
er steam, electric or hydraulic; (4) or upon any vessel 
or boat engaged in navigation or commerce within the 
jurisdiction of this State. 

Sec. 6. No child under the age of sixteen years shall 
be employed, permitted or suffered to work in any ca- 
pacity — (1) in, about or in connection with any pro- 
cesses in which dangerous or poisonous acids are used : 



PUBLIC SCHOOL LAWS OF ALABAMA. 121 

(2) nor in the manufacture or packing of paints, colors, 
white or red lead; (3) nor in soldering; (4) nor in occu- 
pations causing dust, in injurious quantities; (5) nor in 
the manufacture or use of dangerous or poisonous dyes; 
(6) nor in the manufacture or preparation of composi- 
tions with dangerous or poisonous gases; (7) nor in the 
manufacture or use of compositions of lye in which the 
quantity thereof is injurious to health; (8) nor on scaf- 
folding; (9) nor in heavy work in the building trades; 
(10) nor in any tunnel or excavation; (11)) nor in, 
about or in connection with any mine, coal breaker, 
coke-oven or quarry; (12) nor in assorting, manufac- 
turing or packing tobacco; (13) nor shall any child 
under the age of sixteen years be employed upon the 
stage of any theatre or concert hall, or in any connec- 
tion with any theatrical performance or other exhibition 
or show. 

Sec. 7. It shall be unlawful for any firm, person or 
corporation to employ, permit or suffer any child under 
sixteen years of age to work in any gainful occupation, 
except agriculture or domestic service, unless such per- 
son, firm or corporation keeps on file for the inspection 
of the officials charged with the enforcement of this act, 
an employment certificate, as herenafter prescribed, for 
every such child and unless such person, firm or corpora- 
tion, keeps on file for the inspection of the officials 
charged with the enforcement of this act, a complete list 
of ail such children employed therein, provided, how- 
ever, that in the cities or towns under twenty-five thou- 
sand population boys between the ages of twelve and 
fourteen years shall not be required to have such certifi- 
cate for employment in business offices and mercantile 
establishments during such time as the public schools 
are not in session. The inspector charged with the en- 
forcement of this act may make written demand on any 
employer in whose establishment a child apparently 
under sixteen years of age is employed or permitted or 
suffered to work, and whose employment certificate is 
not filed as required by this act, that such employer shall 
furnish him within ten days evidence satisfactory to him 
that such child is in fact sixteen years of age or over, 



122 PUBLIC SCHOOL LAWS OF ALABAMA. 

or shall cease to employ or permit or suffer such child 
to work therein. Such official may require from such 
employer the same evidence of age of such child as is 
required for the issuance of any employment certificate, 
and the employer furnishing such evidence shall not be 
required to furnish any further evidence of the age of the 
child. In case such employer shall fail to produce and 
deliver to such official within ten days after such de- 
mand, such evidence of the age therein required of him, 
and thereafter continue to employ such child or permit 
or suffer such child to work in such establishment, proof 
of the giving of such notice and of such failure to pro- 
duce and file such evidence shall be prima facie evidence 
in any prosecution that such child is under sixteen years 
of age, and is unlawfully employed. 

Sec. 8. No child under sixteen years of age shall 
be employed or be permitted to work or be detained in or 
about any mill, factory or manufacturing establishment 
in this State, unless such child shall attend school for 
eight weeks in every year of employment, six weeks of 
which shall be consecutive. 

Sec. 9. It shall be the duty of the superintendent or 
principal of schools in cities or towns to issue the em- 
ployment certificates mentioned in the foregoing sec- 
tion, or to authorize a person in writng to issue such 
certificates, acting in his name. Where there is no su- 
perintendent or principal of schools, said certificates 
shall be issued by the county superintendent of educa- 
tion or by person authorized by him in writing. 

Sec. 10. The person authorized to issue employment 
certificates shall not issue such certificates unless the 
child in question, acompanied by its parents or guardian, 
or person standing in parental relation thereto, has per- 
sonally made- application to him therefor, and until he 
has received, examined, approved and filed the following 
papers duly executed: (1) A school record signed by 
the principal or teacher of the school last attended by 
said child, stating that such child has attended school 
for at least sixty days of the year immediately preceding 
the date on which the certificate is issued, and stating 
also the age and date of birth of said child, as shown 



PUBLIC SCHOOL LAWK OF ALABAMA. 123 

on the records of the school, and the name and address 
of the parent, guardian or custodian : provided, that 
such evidence of school attendance outside of the Stale 
of Alabama, may be accepted at the discretion of the 
officer issuing these certificates; (2) one of the follow- 
ing evidences of age, showing the child to be fourteen 
years of age or over or if before September 1st, 1910, 
thirteen years of age or over, to be required in the order 
herein designated: (a) A duly attested transcript of 
the birth record of said child, filed according to law, with 
any officer charged with the duty of recording births, 
(b) or, a passport or duly attested transcript of a cer- 
tificate of baptism showing the date of birth and place 
of baptism of such child, (c) or, in case the officer au- 
thorized to issue such certificate is satisfied that none 
of the above proofs of age can be produced, other evi- 
dence of the age, such as the affidavit of the parent, 
guardian or custodian of such child, as shall convince 
such officer that the child is fourteen years of age or 
over, or if before September 1st, 1916, thirteen years of 
age or over. The superintendent of schools in any city, 
town or district, wherever there is one, and where there 
is none, the county superintendent of education, shall 
between the first and tenth days of each month, transmit 
to the office of the State inspector hereinafter men- 
tioned, a report, which report shall give the name of each 
child to whom a certificate has been granted, or denied 
during the preceding month, together with the ground 
of such denial. A refusal or failure to transmit such 
report by any person charged under this section with the 
duty of transmitting the same to such State official, 
shall constitute a misdemeanor, punishable by a fine of 
not more than twenty-five dollars nor less than five. 

Sec. 11. Such certificate shall state the full name, 
place and date of birth of such child with the name and 
address of the parent, guardian, or persons sustaining 
the parental relationship to such child, and shall con- 
tain a statement signed by the issuing officer that the 
child has personally appeared before him and that satis- 
factory evidence has been submitted that said child is 
fourteen years of age or over or if before September 1st, 



124 PUBLIC SCHOOL LAWS OF ALABAMA. 

1916, thirteen years of age or over. The printed form of 
the certificate, and other papers required in the issuing 
of employment certificates, shall be drafted by the State 
inspector, hereinafter mentioned, and furnished by him 
to the local and county superintendents of education. 

Sec. 12. On the termination of the employment of a 
child under the age of sixteen years, the employment 
certificate shall be returned by the employer holding the 
same, to the child to whom it is issued, or if the certifi- 
cate of such child is not claimed by such child within ten 
days after the termination of its employment, it shall be 
returned by the employer to the school authority by 
whom it was issued. 

Sec. 13. No boy under twelve years of age, and no 
girl under eighteen years of age, in any city of twenty- 
five thousand population, or more, according to the latest 
federal census, shall distribute, sell, expose, or offer 
for sale, newspapers, magazines, periodicals, hand-bills 
or circulars, or be employed or permitted, or suffered to 
work in any other trade, or occupation performed in any 
street or public place : provided, however, that boys ten 
years of age or over may engaged in the distribution of 
newspapers and periodicals on fixed routes in the resi- 
dent districts of such cities. No boy under sixteen years 
of age shall engage in any such street occupation in any 
city of twenty-five thousand or more population, accord- 
ing to the last federal census, after eight o'clock at night, 
or before five o'clock in the morning of any day; or 
unless he has secured and wears in plain sight a badge 
as herein provided; or unless he is a regular school at- 
tendant. Such badge shall be provided and issued by 
the superintendent of schools or some person designated 
by him in writing, and shall be granted only after the 
child has applied to him personally, accompanied in 
person by his parent, guardian or custodian, and has 
submitted satisfactory proof that he is twelve years of 
age or over; or if engaged only in distributing papers 
or periodicals on fixed routes in the resident districts, 
ten years of age or over and that he is a regular attend- 
ant. Such badge shall be renewed annually on the first 
day of January and shall not be transferable, and the 



PUBLIC SCHOOL LAWS OF ALABAMA. 125 

form, design or color shall he changed annually. A 
deposit of not more than fifty cents may be required by 
the person issuing same, to be returned upon the sur- 
render of the badge, and if lost, the badge may be 
replaced upon the payment of twenty-five cents. Any 
child who shall engage in any such street occupation, in 
violation of the provision of this section, shall be deemed 
delinquent and brought before any court or magistrate 
having jurisdiction over juvenile delinquents, and shall 
be dealt with according to law. Use of a badge may be 
revoked or suspended by said court or its authorized rep- 
resentatives upon such violation, or in case the child's 
school record is not satisfactory to the principal of the 
school which he attends. Any person who sells, or 
offers for sale any article of any description to a boy 
under sixteen years of age to be used for the purposes of 
sale or barter upon the streets, or in any public place, 
shall first ascertain that such boy wears his own badge 
in plain sight, as herein provided, and if said boy has no 
badge no article shall he sold to him. Any person vio- 
lating this provision shall be fined not less than one, and 
not more than fifty dollars. The police officers and 
other peace officers shall enforce the provisions of this 
section. 

Sec. 14. It shall be the duty of the State prison in- 
spector and his authorized assistants to inspect as fre- 
quently as possible, all establishments, wherein minors 
subject to the provisions of this act are, or may be, em- 
ployed or permitted to work and to enforce the pro- 
visions of this act. For the purpose of administering 
this act, and any other laws relating to the employment 
of minors, the State prison inspector may be designated 
the State factory inspector; and his deputy inspectors 
may, in the performance of their duties, in enforcing the 
provisions of this act, be known as deputy factory in- 
spectors. It shall be the duty of the inspectors to insti- 
tute prosecution for the violation of any of the provi- 
sions of this act. The solicitor of each county is charged 
with the duty of prosecuting all violations of this act. 

Sec. 15. Every person, firm or corporation, owning 
or controlling any establishment wherein minors are 



126 PUBLIC SCHOOL LAWS OF ALABAMA. 

employed, subject to the provisions of this act, shall 
keep such establishment in sanitary condition, and prop- 
erly ventilated, and shall provide suitable and conveni- 
ent water closets, or privies, separate for each sex, and 
in such number and located in such place or places, as 
may be required by the inspector; and when twenty or 
more persons are employed, sanitary drinking fountains 
shall be provided in such number as the inspector may 
deem necessary. All water closets shall be maintained 
inside such establishments except where, in the opinion 
of the inspector, it is impracticable. In all such estab- 
lishments, there shall be separate water closets or privy 
compartments for females, to be used by them exclu- 
sively, and notice to that effect shall be painted on the 
outside of such compartment. The entrance to every 
water closet or privy, in such establishment, shall be ef- 
fectively screen d by a partition or vestibule. In every 
such establishment a printed copy of this act shall be 
kept conspicuously posted in every room in which minor 
persons work. It shall be the duty of the inspector to 
inspect thoroughly every such establishment, to issue 
a written order for the correction of unsanitary or 
unhealthful conditions in such establishment, and to 
compel compliance with such orders as herein provided. 
Sec. 16. The inspector shall have free access at any 
time to any establishment where minors are, or may be 
employed or detained, and any person who refuses to 
allow the inspector to have free access to any such estab- 
lishment and every part thereof; or who hinders or ob- 
structs him in his inspection, or who makes any false 
statement to the inspector about the establishment, its 
operation or condition, or about any person working or 
detained therein, or who refuses to comply with any 
order issued" under authority of section 15 of this act, 
shall be guilty of a misdemeanor, and shall be fined not 
less than fifty nor more than one hundred dollars, and on 
subsequent conviction shall be fined not less than two 
hundred dollars. It shall be the duty of the inspector to 
remove from any establishment any child found employ- 
ed, working or detained therein contrary to law, and to 
remove therefrom any child who is afflicted with any 
infectious, contagious, or communicable disease. 



PUBLIC SCHOOL LAWS OF ALABAMA. 127 

Sec. 17. Any person, firm or corporation who violates 
any of the provisions of this act, or who permits any 
child to be employed or to work in or about, or he de- 
tained in, or to be in or about any establishment, con- 
trary to law, or who fails or refuses to obey within a 
reasonable time, any lawful orders or directions given 
by the State official charged with the enforcement of 
this act,, unless a specified penalty is herein otherwise 
provided, shall be deemed guilty of a misdemeanor, and 
on conviction shall be punished by a fine of not less 
than ten dollars nor more than one hundred dollars, and 
upon second or subsequent conviction of any violation of 
any of the provisions of this act, shall be punished by a 
fine of not less than one hundred dollars, nor more than 
five hundred dollars. 

Sec. 18. Any person who makes a false affidavit when 
an affidavit is required under this act is guilty of a mis- 
demeanor and shall, upon conviction, be punished by a 
fine of not less than five dollars nor more than twenty 
dollars, and for a second or subsequent conviction shall 
be imprisoned not more than ninety days. 

Sec. 19. The State prison inspector and his deputies, 
when traveling in the performance of their duties herein 
prescribed, shall be reimbursed their actual traveling ex- 
penses, when approved by the State prison inspector and 
by the Governor to be paid on the warrant of the State 
auditor. 

Sec. 20. The word "inspector" is used herein to des- 
ignate or mean, the State prison inspector or his duly 
authorized deputies, such deputies being hereby clothed 
with the same duties and authority with which the State 
prison inspector is now or may hereafter be clothed. In 
the enforcement of the provsions of this act, the State 
prison inspector and his authorized deputies are hereby 
vested with the same authority as deputy sheriffs in each 
and every county in the State. 

Sec. 21. All laws and parts of laws in conflict with 
this act are hereby repealed. 

Sec. 22. If any section of this act shall be held uncon- 
stitutional, in whole or in part, the fact shall not effect 
an y other section of this act, it being the intention of the 



128 PUBLIC SCHOOL LAWS OF ALABAMA. 

Legislature in enacting this act to enact each section 
separately. 

Approved February 24, 1915. 



No. 65) AN ACT (H. 55 

^ To provide for the filling of any vacant office, of the 
State, or any county, or any municipality, when there 
is no provision of law for filling such vacancy. 
Be it enacted by the Legislature of Alabama: 
1. That when any office of the State, of any county, 
or municipality thereof, is vacant from death, resigna- 
tion, removal from municipality, county, or Stated or 
because the former incumbent absconds, or because an 
incumbent has been removed for ineligibility or when 
the office is vacant from any other cause, and there is 
no way provided by law for the filling of such vacant of- 
fice, the governor is hereby empowered and required to 
appoint a qualified person to fill the unexpired term of 
such office. 

Approved August 25, 1909. 



No. 15.) AN ACT (H. 141 

To require the Board of Revenue and Road Commis- 
sioners of Mobile County annually to levy a special tax 
of one-fifth of one per centum upon each one hundred 
dollars of all property assessed for taxation in said 
county, in additon to the special taxes now levied there- 
in, for the support of the public schools of said county. 

Section 1.. Be it enacted by the Legislature of Ala- 
bama, That the Board of Revenue and Road Commis- 
sioners of Mobile county be required annually to levy 
a special tax of one-fifth of one per centum upon each 
one hundred dollars of all property assessed for taxa- 
tion in said county, in addition to the special taxes now 
levied therein, for the support of the public schools of 
said county. 



PUBLIC SCHOOL LAWS OF ALABAMA. 129 

Sec. 2. Said taxes shall be paid over to the Board of 
School Commissioners of Mobile county by the Tax Col- 
lector of Mobile county as rapidly as the same is by 
him collected. 

Sec. 3. Said Board of Revenue and Road Commis- 
sioners shall within fifteen days after the days of ap- 
proval of this act, at a special meeting thereof to be 
called for that purpose, or at any lawful meeting held 
within that period, levy said tax for the tax year of 
19011 upon the property now assessed or to be assessed 
for that year in said county. 

Approved August 9th, 1909. 



No. 40.) AN ACT (H. 60 

To educate the children of Alabama on the evil of 
intemperance. 

Be it enacted by the Legislature of Alabama: 

1. That it shall be the duty of the State Superintend- 
ent of Education of the State of Alabama to have pre- 
pared and furnished to the teachers in the public schools 
placards printed in large type upon which shall be set 
forth in attractive style statistics, epigrams and mot- 
toes showing the evils of intemperance especially from 
the use of intoxicating liquors. 

2. That it shall be the duty of the said State Super- 
intendent of Education to make changes in the matter 
printed on the said placards from time to time as he 
may deem proper and that he shall at all times keep the 
public schools of Alabama provided with a sufficient 
number of said placards to post one of them in every 
school room of Alabama. 

3. That the expenses of printing and expressing the 
said placards shall be paid out of the State treasury on 
an account made out by the said State Superintendent 
of Education and approved by the Governor and the 
Auditor shall draw his warrant for the same. 

4. That it shall be the duty of every public school 
teacher in the State to keep one of the said placards 

5SL 



130 PUBLIC SCHOOL LAWS OF ALABAMA. 

posted in a conspicuous place in the school room occu- 
pied by such teacher. 

5. That it shall be the duty of the county superin- 
tendent of education and the district trustees to assist 
in the carrying out of the provisions of this act. 

6. That there shall be one day in each scholastic 
term of the public schools set apart to be known as 
Temperance Day when a suitable program shall be pre- 
pared to the end that the children of Alabama may be 
taught the evils of intemperance. 

Approved August 19th, 1909. 



No. 94.) AN ACT (S. 66 

To authorize the cities and towns of this State to con- 
vey real or personal property and to make appropria- 
tions of money from city funds, and issue bonds to aid 
in the location and in the construction of high schools 
and high school buildings, and to ratify and confirm all 
such conveyances and appropriations which have here- 
tofore been made by any such city or town. 

Section 1. Be it enacted by the Legislature of Ala- 
bama, That the cities and towns of this State be and 
they are hereby authorized and empowered to convey 
real or personal property belonging to such cities or 
towns, and to make appropriations from city or town 
funds, and issue bonds to aid in the location and in 
the construction of high schools and high school build- 
ings under the act of the Legislature of Alabama, ap- 
proved August 7, 1907, entitled "An Act to provide for 
the establishment of high schools in this State, and to 
make appropriations for said schools." 

Sec. 2. That all such conveyances of property and 
appropriations of funds which have heretofore been 
made for the purpose named in section 1 of this act, be 
and the same are hereby ratified and confirmed. 

Approved August 26, 1909. 



PUBLIC SCHOOL LAWS OF ALABAMA. 131 

No. 217) AN ACT (S. 7 

To authorize and empower the commissioners court, 
board of revenue, or other court of county officers of 
similar or like jurisdiction to donate or appropriate 
funds from the county treasury to aid in the construc- 
tion or improvement of necessary buildings and the 
maintenance i.nd support of those State schools known 
as county high schools established under the act of the 
Legislature approved August 7, 1907, and to ratify and 
confirm all appropriations heretofore made for such 
purposes and to repeal all laws and parts of laws in 
conflict therewith. 

Section 1. Be it enacted by the Legislature of Ala*- 
bama, That on and after the approval of this act by the 
Governor it shall be lawful for the commissioners court, 
board of revenue, or other court or officers of the county 
of similar or like jurisdiction to donate or appropriate 
funds from the county treasury to aid in the construction 
or improvement of necessary buildings and the mainte- 
nance and support of those State schools known as coun- 
ty high schools established in the several counties of the 
State under an Act of the Legislature entitled an act to 
provide for the establishment of high schools in this 
State, and to make appropriations for said schools, ap- 
proved August 7th, 1907, such donations or appropria- 
tions to be applied to the benefits of said schools under 
the supervision and control of the county boards of edu- 
cation, and not otherwise. That appropriations hereto- 
fore made from county funds by the courts of county 
commissioners or the courts or boards of revenue of 
the several counties of this State to be used in 
the construction or maintenance of such schools 
are hereby ratified and confirmed, provided that the pro- 
visions of this act shall not affect suits heretofore filed 
to test the legality of appropriations made by courts of 
county commissioners or boards of revenue to aid in the 
construction of county high schools; Provided, further, 
that the aprpopriations being tested by such pending 
suits are hereby ratified and confirmed and this act shall 
not be set up as a defense to any such pending suit. 

Approved August 26, 1909. 



132 PUBLIC SCHOOL LAWS OF ALABAMA. 

No. 246.) AN ACT (H. 301. 

To regulate and provide for the location of public 
schools in school districts in which are located a manu- 
facturing plant or manufacturing plants, employing 
fifty or more children within the school age, who are 
subject to the child labor law. 

Be it enacted by the Legislature of Alabama: 

Section 1. That it shall be the duty of any county 
board of education or the board of education of any 
town or city in which there is located one or more man- 
ufacturing plants employing fifty or more children with- 
in the school age, who are required by the child labor 
law to attend school for any certain length of time dur- 
ing the year, to locate, or cause to be located, a public 
school for the accommodation of the children within 
the school age employed by such manufacturing plant, 
or plants, and to apportion to the said schools so located 
such proportion of the school funds of said district as 
may be necessary to run the school or schools as nearly 
as practicable the same length of time as the other 
school or schools of the district are run; provided fur- 
ther, in incorporated cities or towns in which two or 
more schools are maintained that one or more of said 
schools may be designated by the proper school authori- 
ties as the school for the accommodation of the children 
within school age employed in such plant or plants. 

Sec. 2. All laws and parts of laws in conflict with the 
provisions of this act be and the same are hereby re- 
pealed. 

Approved April 6, 1911. 



No. 485.) AN ACT (H. 217. 

To authorize the sale and conveyance of certain lands 
which have been conveyed to the State for school pur- 
poses. 

Section 1. Be it enacted by the Legislature of Ala- 
bama, That whenever the county board of education of 



PUBLIC SCHOOL LAWS OF ALABAMA. 133 

any county shall certify to the superintendent of educa- 
tion of the State that it is to the benefit of the public 
school interests of such county or a public school dis- 
trict thereof for any ^ands situated in such county or 
district which have been conveyed to the State of Ala- 
bama for school purposes under the provisions of article 
20 or 31 of chapter 41 of the code of Alabama to be 
sold, particularly describing the same, the superintend- 
ent of education, upon the receipt of such certificate, 
shall be and he is hereby authorized and empowered, 
with the approval of the governor, to sell and convey 
such land, either at public or private sale, and upon such 
consideration as may to him appear just and proper in 
the premises, and to execute a deed to the purchaser of 
the same in the name of the State of Alabama, and upon 
the delivery of such deed, the same shall divest all 
the right, title and interest of the State of Alabama in 
said land and invest it in such purchaser. 

Sec. 2. That the proceeds of any sale of lands made 
under this act shall be by the superintendent of educa- 
tion paid to the county board of education of the 
county where such land is situated, or to the chief 
executive officer of said board. That said proceeds 
shall constitute a part of the public school fund 
of such county ; provided, however, if said land was con- 
veyed to the State under article 31 of chapter 41 of the 
code of Alabama, then such proceeds shall be user! by 
said county board of education for the exclusive use of 
the public school district in which said land is located. 

Approved Aprl 18, 1911. 



No. 345.) AN ACT ( S. 222. 

To provide for the establishment of libraries in the 
rural town and village schools of Alabama, to make an 
appropriation therefor, to provide for their maintenance 
and for their improvement, to authorize the commission- 
ers' court or the board of revenue of the several counties 
to make an appropriation for the establishment and 



134 PUBLIC SCHOOL LAWS OF ALABAMA. 

support of said libraries, and to provide rules and regu- 
lations under which said libraries shall be established 
and maintained. 

Be it enacted by the Legislature of Alabama : 

Section 1. That the sum of one hundred dollars 
(flGO.OO) for each county, in all sixty-seven hundred 
dollars ($6,700.00) be and the same is hereby appropri- 
ated annually out of any moneys not otherwise appro- 
priated for the purpose of establishing and maintaining 
libraries in the public schools of Alabama; provided, 
that the provisions of this act shall not apply to any 
school located in a town or city of more than one thou- 
sand inhabitants. 

Sec. 2. That any commissioners' court, or board of 
revenue, or other similar court in any county of this 
State be and the same is hereby authorized to appro- 
priate not less than ten ($10.00) dollars, to each dis- 
trict public school in the county in any one year for the 
purpose of establishing, maintaining, enlarging, or im- 
proving public libraries in rural, village, or town 
schools; provided, that no appropriation shall be made 
to any school located in a town of more than one thou- 
sand inhabitants. 

Sec. 3. That in order to obtain the benefits of the 
provisions of this act, the patrons or friends of any 
district school shall first raise a sum of not less than 
ten ($10.00) dollars, and deposit the said amount with 
the county superintendent of education. He shall with- 
in ten days, certify to the commissioners' court or other 
similar court or board of the said county, the fact of the 
said deposit, and request action thereon. Thereupon 
the said court or board shall at once, or at the first 
term following the reecipt of the notice, consider the 
application, "and shall either dismiss the same or make 
an appropriation of not less than ten ($10.00) dollars. 
If the appropriation shall be made, the probate judge 
or other presiding officer of the court or board shall on 
the same date certify the fact to the county superintend- 
ent of education, who shall immediately thereafter, 
transmit the same to the State superintendent of edu- 
cation. On receipt of notice the State superintendent 



PUBLIC SCHOOL LAWS OF ALABAMA. 135 

shall make a requisition upon the State auditor for 
the sum of ten ($10.00) dollars, in order to meet such 
donation and appropriation. The said warrant shall 
be drawn in favor of the county treasurer of school 
funds, to whom shall also be at once paid over by the 
county superintendent of education the amount first 
collected by voluntary subscription, and the sum appro- 
priated by the county. An account of said sums so re- 
ceived shall be kept separate; and they shall be paid out 
by him as hereinafter directed. 

Sec. 4. That the State superintendent of education, 
with the assistance of the director of the department of 
archives and history, shall compile and publish a care- 
fully selected and annotated list of books from which 
the libraries" herein provided shall be chosen, and they 
shall also adopt and publish rules and regulations for 
the choice of books, their uses, preservation and circula- 
tion, the erection of books shelves or book cases, and 
the equipment of library rooms or buildings, and the 
training of librarians or custodians for the libraries. 
The selection shall be as nearly as possible representa- 
tive of the whole field of literature, and maximum prices 
for purchase shall be indicated. 

Sec. 5. That the local board of trustees of the dis- 
trict in which the school is located, and to which a li- 
brary is granted, shall constitute a library board charged 
with the administration of the library as other school 
property, and they are hereby charged with the same 
care and attention in connection therewith as of the 
school grounds, the school building or buildings, and the 
school equipment. They shall select the librarian or 
custodian, who shall be the teacher, if he or she will con- 
sent to act, and they shall see that the rules prescribed 
herein are carried out, but if the librarian is other than 
the teacher, such person shall be under the direction of 
the teacher as the representative of the district board 
of trustees. They shall provide a suitable book-case, or 
book-cases, with lock and key, for the preservation of 
the library. 

Sec. 6. That the selection and purchase of the books 
from the authorized list shall be made by the district 



136 PUBLIC SCHOOL LAWS OF ALABAMA. 

board of trustees, upon the recommendation of the 
teacher or of any patron or friend of the school. After 
the order therefor shall be placed, on receipt of notice 
of the delivery of the books, the county treasurer of 
school funds shall draw a warrant or check to cover the 
charges, including the freight. Vouchers or bills in 
duplicate shall be made out, one copy for the county 
treasurer of school funds, and one copy to be sent by 
the bookseller or dealer to the State superintendent of 
education. 

Sec. 7. That all unexpended balances on the first 
day of October each year shall be reapportioned equally 
among all the counties of the State. 

Sec. 8. That no person charged with any duties here- 
under shall receive any compensation or commission for 
his or her services. 

Sec. 9. That all laws and parts of laws in conflict 
with the provisions of this act be and the same are here- 
by repealed. Provided this act shall take effect when 
in the opinion of the governor the condition of the State 
treasury will justify the appropriation herein provided 
for. 

Approved April 13th, 1911. 



No. 498.) AN ACT (H. 211. 

To provide for the holding of teachers' institutes for 
teachers in this State and to make necessary appropria- 
tions for the same. 

Section 1. Be it enacted by the Legislature of Ala- 
bama, That the sum of five thousand dollars ($5,000.00) 
be appropriated annually out of the general school fund, 
for the purpose of defraying the expenses of holding 
and conducting institutes for the white teachers of this 
State, and for the further sum of fifteen hundred dollars 
($1,500.00) be and the same is hereby appropriated out 
of the educational fund for defraying the expenses of 
holding institutes for the colored teachers of the State. 



PUBLIC SCHOOL LAWS OF ALABAMA. 137 

Sec. 2. Institutes for the white teachers shall be held 
for a period of one week in each county of the State, at 
such time as may be determined by the county board of 
education during the months of July, August, Septem- 
ber or October; provided, that the county boards of edu- 
cation of two or more adjoining counties, may, by agree- 
ment, have conducted a joint institute for the counties 
participating in the agreement, at such a point as they 
may determine. 

Sec. 3. There shall be conducted, for the colored 
teachers of the State, teachers institutes at such places 
and times, and under such management and direction 
as may be determined by the State superintendent of 
education, and the money appropriated by this act, for 
the holding of institutes for the colored teachers, shall 
be so divided among the several places at which colored 
institutes are held as may, in the judgment of the super- 
intendent of education, be fair and equitable, and secure 
the greatest good to the greatest number. 

Sec. 4. The money appropriated by this act for the 
holding of institutes for the white teachers of the State, 
shall be apportioned by the superintendent of education 
to the several counties of the State in proportion or ap- 
proximate proportion to the number of white teachers 
actually employed in the several counties of the State. 

Sec. 5. It is hereby made the duty of the teachers to 
attend the institute which may be conducted in their 
own county for the benefit of teachers of the race to 
which they belong, unless such teachers are specifically 
excused from attending by the county superintendent, 
which excuse must be in writing and approved by the 
chairman of the county board. It is made the duty of 
the State superintendent of education to cancel the cer- 
tificate of any teacher who may fail to attend an insti- 
tute for a period of not less than four days of each year, 
unless such teacher shall secure the written excuse sign- 
ed by the county superintendent and approved by the 
chairman of the county board of education or unless 
such a teacher may convince the State superintendent 
of education that he has attended for a period of not 
less than three weeks during the current year some edu- 



138 PUBLIC SCHOOL LAWS OF ALABAMA. 

cational institution during which time he was engaged 
in the work of professional training, either as a student 
or as a teacher, or unless he is the holder of a life grade 
State certificate. 

Sec. 6. It is made the duty of each county superin- 
tendent of education to keep an accurate record of the 
attendance of all teachers during the institute, conduct- 
ed for the teachers of his county, and report the same to 
the State superintendent of education, showing the 
number of whole days which each teacher actually at- 
tended, provided that such time attended by each teach- 
er shall not be counted as time taught nor shall any 
teacher receive any pay or compensation for attending 
an institute. 

Sec. 7. Each teacher attending an institute shall pay 
to the county superintendent a fee of not less than fifty 
cents (50c) and not more than one dollar ($1.00) 
which shall be used in that particular county to sup- 
plement the State fund appropriated by this act for the 
maintenance of teachers' institutes. 

Sec. 8. It is the duty of the State superintendent of 
education to submit annually, in the months of June or 
July, through the county superintendents, to the several 
county boards a list of expert conductors of institutes 
whose services may be available and from this list each 
county board may select such conductor or conductors 
as they may desire, notifying the State superintendent 
of their choice; and if because of conflicting dates or 
other unavoidable conditions, neither of the first nor sec- 
ond choices are able to be had, then it is made the duty 
of the State superintendent, through further agreement 
between him and the local county authorities to secure 
the best possible talent for conducting the institute. 
It is made the duty of the State superintendent of edu- 
cation to employ, with the fund appropriated by this act 
for that purpose, such conductors and teachers in the 
institutes held for the benefit of colored teachers, as 
will secure more benefit to the colored race by present- 
ing to them ideals more practical, methods more useful, 
results more desirable, benefits more wholesome. 



PUBLIC SCHOOL LAWS OF ALABAMA. 139 

Sec. 9. The conductors and teachers employed in 
county institutes shall impart such instruction to the 
teachers attending the institute, in the theory and in 
the art of teaching and kiudred subjects, as will render 
them more efficient, more capable, more enthusiastic, 
more successful teachers. 

Sec. 10. All laws and parts of laws, either general 
or special, otherwise providing for, or referring to 
teachers' institutes in this State be and the same are 
hereby repealed. 

Approved April 18th, 1911. 



No. 277.) AN ACT (S. 400. 

To provide for the disposition of the property of edu- 
cational corporations whose stockholders are unknown 
or where the amount or number of shares are unknown. 

Be it enacted by the Legislature of Alabama: 

1. That where the charter of any educational corpo- 
ration organized under the laws of this State, general 
or special, provides for the issuance of stock and such 
stockholders are unknown or where the amount or num- 
ber of shares are unknown the property of such corpora- 
tion may be disposed of as follows : 

2. The acting trustees or directors having peaceable 
charge of the business and property of said corporation 
whether legally elected or not may contract to sell or 
otherwise dispose of the property of such corporation in 
such manner as they may deem best to carry out the 
purposes of said corporation which action must be con- 
curred in by a majority of such acting trustees or di- 
rectors. 

3. That within thirty days after making such con- 
tract or agreement such trustees or directors shall cause 
to be filed in the name of such corporation in the chan- 
cery court of the district in which such property or the 
principal part thereof is situated a petition in writing 
verified by affidavit setting forth the purposes of such 
corporation and that the stockholders are unknown or 



140 PUBLIC SCHOOL LAWS OF ALABAMA. 

that the amount or number of shares are unknown and 
setting out the sale or disposition contemplated and 
that in the judgment of such trustees or a majority of 
them such dispostion is best to carry out the purposes 
of such corporation. If any of such stockholders are 
known such petition shall also set out their names and 
residence if known. 

4. On the filing «of such petition the register shall 
cause publication to be made as to such unknown or 
non-resident stockholders as provided by law for pub- 
lication as to non-residents on the filing of bills in chan- 
cery and he shall issue a summons to all resident stock- 
holders named in the petition which shall be served as 
other summons and the same proceedings had as to all 
the known stockholders named in the petition as provid- 
ed for bills in chancery. 

5. Within the time allowed for pleading to bills in 
chancery any known or unknown stockholder may come 
in and propound his claim and contest such disposition 
if he deem proper and such petition shall be heard as 
other bills in chancery and such disposition confirmed 
or set aside or such dispositions made of said property 
as the equities of the case may require, 

6. If such petition is not contested within the time 
allowed for pleading to bills in chancery the same may 
be submitted to the chancellor in term time or vacation 
on affidavits and the character of said corporation or a 
certified copy thereof and he may render a decree there- 
on in term time or vacation ratifying such sale or dis- 
position or modifying the same and prescribing such 
terms and restrictions as he may deem best for carrying 
out the purposes of such corporation and authorizing a 
conveyance -of such property by such trustees or the 
president and secretary of said board which shall con- 
vey to the grantee all the title of said corporation or of 
any stockholders thereof in said property subject to the 
restrictions contained in such decree or he may refuse 
to ratify such dispostion. 

7. If any money is paid under such decree the same 
shall be paid to the register to be distributed under the 



PUBLIC SCHOOL LAWS OF ALABAMA. 141 

orders of the court to the parties entitled thereto on 
proper proof. 

8. Any party contesting such petition may at any 
time within sixty days after the rendition of such decree 
prosecute an appeal to the supreme court as on final de- 
crees on bills in chancery and such appeal may also be 
taken by such acting trustees or directors in the name 
of such corporation. 

9. That all laws and parts of laws in conflict with 
the provisions of this act be and the same are hereby re- 
pealed. 

Approved April 8, 1911. 



No. 199.) AN ACT (H. 674. 

To establish a State school for teaching agriculture 
and domestic economy at Lineville, Alabama, to provide 
for the management and control thereof, and to make 
appropriation to support said school. 

Be it enacted by the Legislature of Alabama, as fol- 
lows : 

Section 1. That there is hereby established at Line- 
ville, Clay county, Alabama, a school for teaching agri- 
culture and domestic economy to be known as the 
"North East Alabama Agricultural and Industrial In- 
stitute. 

Sec. 2. The said school shall be under the supervis- 
ion and direction of a board of control to be composed of 
the following members : The State superintendent of 
education, the commissioner of agriculture and indus- 
tries, the governor and two men who shall be residents 
of the congressional district wherein said school is lo- 
cated. Said two members shall be appointed by the gov- 
ernor, and shall hold office for four years and until 
their successors are appointed and qualified. The mem- 
bers of said board of control shall not receive any com- 
pensation other than traveling expenses actually incur- 
red in attending meetings of said board. Said board 



142 PUBLIC SCHOOL LAWS OF ALABAMA. 

shall elect a treasurer for such school, prescribe his 
compensation, fix his bond, and provide for the approval 
thereof. 

Sec. 3. The said board of control shall elect all nec- 
essary officers, teachers and other employees, fix their 
compensation, time of office and prescribe their duties; 
they shall make all necessary rules and regulations for 
the government and control of said school. The said 
board of control shall prescribe the course of study for 
said school but instruction shall be given in the ele- 
ments of agriculture, including instruction concerning 
the soil, plant life and animal life of the farm. The 
course of study shall also include the teaching of 
manual training, domestic economy and a system of 
keeping farm accounts and such other kindred subjects 
as-may be prescribed. 

Sec. 4. The said board of control may provide for the 
collection of a matriculation fee from each pupil en- 
tering said school, which shall not exceed the amount 
fixed as a matriculation fee for county high schools. 
Said board shall make all necessary provisions for 
drawing the funds appropriated for the support of said 
school and for disbursing the same. 

Sec. 5. For the support of said school there is here- 
by made an annual and continuing appropriation of 
three thousand dollars, out of any money in the treas- 
ury not otherwise appropriated and shall be payable 
quarterly beginning on the first day of October, 1911, 
and shall be used for no other purpose except the pay- 
ment of the salaries of teachers in said school. Said 
appropriation shall be drawn on the certificate of the 
superintendent of education to the State auditor to 
draw his warrant in favor of the treasurer of said 
school, approved by the governor. 

Sec. 6. The said school shall be open to students of 
the white race, over the age of seven years residing in 
Alabama, provided that when students of advanced age 
attend such school in sufficient number special classes 
shall be organized for them, and continued for such 
time as may be necessary. 



PUBLIC SCHOOL LAWS OF ALABAMA. 143 

Sec. 7. This act shall not go into effect until a suit- 
able brick building situated on a tract of land of not 
less than ten acres in area has been provided for said 
school and the same has been conveyed by deed without 
cost or expense to the State of Alabama. Said build- 
ing and land shall be of not less than twenty thousand 
dollars in value, which valuation shall be determined by 
the superintendent of education and his certificate as 
to such valuation shall accompany the deed to the 
State. 

Approved March 31, 1911. 



No. 336.) AN ACT (H. 238. 

To create and establish a reform school for the train- 
in-- of juvenile negro law-breakers at Mount Meigs, 
Alabama; to make appropriations for the purpose and 
accept by donation all such lands and buildings as are 
needful therefor; to create a board of trustees and to 
provide for the suitable management of said institu- 
tion. 

lie it enacted by the Legislature of Alabama: 

1. That there is hereby created and established at 
Mount Meigs, Montgomery county, Alabama, a reform 
school for educating and training juvenile negro law- 
breakers, to be governed and controlled by a board of 
trustees, composed of the governor, the superintendent 
of education, and seven other trustees, five of whom 
may be negro women who are interested in the proper 
education and training of juvenile negro law-breakers, 
to be appointed by the governor by and with the ad- 
vice and consent of the senate. 

2. The school shall be a corporation named and call- 
ed "The Alabama Reform School for Juvenile Negro 
Law-Breakers" and by that name may require and hold 
real and personal property, contract and sue, and have 
all other powers necessary for conducting such an edu- 
cational institution. 



144 PUBLIC SCHOOL LAWS OF ALABAMA. 

3. The school is established for the proper education 
and training of juvenile negro law-breakers, as may be 
lawfully committed to it. The course of instruction in 
the school shall include a common school education, 
with a thorough training in agriculture and industries, 
and giving special attention to moral training so as to 
make him a self respecting, industrious, good citizen. 
Provided, that no criminal over the age of 15 years shall 
be admitted to said institution. 

4. The board of trustees accept land and building at 
Mount Meigs where the reformatory is now located, and 
known as the "reformatory for negro boys," under the 
management of the State federation of colored women's 
clubs, incorporated under the laws of Alabama. The 
board of trustees shall take charge of the property and 
school and manage and control it under this act/ The 
term of office of two of the men and two of the women 
first appointed under this act, shall expire on Monday 
after the second Tuesday in January, 1913, and their 
successors shall hold the full term of eight years. The 
other trustees appointed under this act shall hold of- 
fice of trustee until Monday after the second Tuesday 
in January, 1915, and their successors shall hold office 
for a term of eight years. If any trustee should die, or 
resign the governor shall appoint a successor to hold 
for the unexpired term. All trustees for the school shall 
be appointed by the governor by and with the consent 
and advice of the senate. 

5. The trustees shall have the power to govern and 
control the school in all things, to prescribe the quali- 
fications of the officers and teachers, fix their term of 
office, and elect them to and remove them from office 
whenever the good of the school requires it. They shall 
have the power to require of any officer or. agent of the 
school a bond and the power to fix the penalty and pre- 
scribe the conditions thereof. 

6. The authorities of the school shall receive every 
negro boy who may be committed to it by an order or 
judgment of any court of record to the State of Ala- 
bama, and support, govern and teach the boy until he 



PUBLIC SCHOOL LAWS OF ALABAMA. 145 

shall be of the age of eighteen years or legally discharged 
from the school. 

7. The trustees are hereby authorized and empower- 
ed to accept a proper deed from the "State Federation 
of Colored Women's Clubs" a corporation, to the twenty 
(20) acres of land and all improvements situated there- 
on and may buy such other lands and building in con- 
nection with said institution as they may deem proper, 
having regard to the healthfulness of the location, its 
surroundings, and accessibility to the railroad ; and 
shall have authority to erect thereupon, any and all 
buildings, structures or machinery of every kind, suit- 
able and necessary for the use and maintenance of the 
school. Provided, however, that before any appropria- 
tion hereinafter made, shall be used or available until 
the execution of a deed in fee simple to the State of 
Alabama, of the lands and buildings thereon herein- 
above defined; which deed shall be to the State of Ala- 
bama for the specific purposes named in this act; and 
unless such property so deeded is accepted and used by 
the State of Alabama for such purposes, then the same 
shall revert to the said "State Federation of Colored Wo- 
men's Clubs" a corporation. 

8. For the support and maintenance of the school 
there is hereby appropriated the sum of one dollar and 
seventy-five cents per week for every boy lawfully at- 
tending and being instructed in the school, which shall 
be paid monthly upon the sworn statement of the presi- 
dent of the school and approved by the governor, out 
of the State treasury. The expenses for transporting 
such boy, including the expenses of one guard, shall be 
paid out of the State treasury upon the sworn state- 
ment of the president of the school and approved by the 
governor. 

9. The board of trustees in charge of said school, are 
hereby given power and authority to make all such 
rules and regulations as may be needful to the success- 
ful operation of said school and for the employment of 
all such guards as may be necessary in the successful 
management and control of said school, and to fix the 



146 PUBLIC SCHOOL LAWS OF ALABAMA. 

salaries to be paid such guards and to limit the number 
thereof, which salaries shall be paid monthly upon the 
sworn statement of the president of the school and ap- 
proved by the governor, out of the State treasury. 

10. The earnings and all other revenue derived from 
whatever source, shall be delivered to the board of trus- 
tees and used by such board for such purposes as such 
board of trustees may deem proper. Or such earnings 
may at the discretion of the said board of trustees, be 
paid in whole or in part, into the State treasury. 

11. For the purpose of all land needful and the erec- 
tion of buildings on any of the land acquired under the 
provisions of this act, there is hereby appropriated out 
of the State treasury, the sum of $8,000.00 to be paid 
in quarterly annual installments, upon the certificate 
of the trustees with the approval of the governor, in 
providing the necessary buildings, lands and equip- 
ments for the school. 

Approved April 24, 1911. 



No. 76.) AN ACT (S. 316— Lusk. 

To further regulate the employment of a land agent, 
or clerk, in the office of the auditor; to prescribe his 
duties, fix his compensation, define his powers and du- 
ties, and repeal all laws in conflict herewith. 

Be it enacted by the Legislature of Alabama: 

1. That the State auditor shall have charge of all 
lands which have been sold to the State for taxes un- 
paid; all "16th section" lands; all school indemnity 
lands; the salt springs lands reservation; and all swamp 
and overflowed lands, and of all papers, documents and 
records relating thereto, except those which are required 
by law to be kept in the office of the secretary of State. 

2. That to enable the State auditor to discharge ef- 
fectively and with benefit to the public his duties hereun- 
der he shall appoint a land clerk, with the approval of 
the Governor, who has had experience in dealing with 



PUBLIC SCHOOL LAWS OF ALABAMA. 147 

public lands and who understands the system of survey 
and platting of the public lands of the United States, 
and who shall be paid a salary of one hundred and fifty 
dollars a month, as other clerks in the executive depart- 
ment are paid. This section shall not be so construed 
as authority for the employment of an additional clerk 
in the auditor's office to those now employed therein. 

3. That whenever in the judgment of the Governor, or 
auditor, it is proper that any land described in this act 
should be examined or evidence obtained for the protec- 
tion of any of these lands, the land clerk may be sent to 
make such examination or to obtain such evidence, and 
his actual expenses shall be paid, upon his filing with 
the auditor a statement thereof by items, sworn to. 

4. That sections 886, 892, 893, 894, 895, 896 and 897 
of the Code be and the same are hereby severally re- 
pealed. 

Approved June 19, 1915. 



No. 37.) AN ACT (S. 168. 

To provide for the creation of a commission for the 
removal of adult illiteracy in Alabama, to be known as 
"The Alabama Illiteracy Commission," and to provide 
for the duties and powers thereof. 

Be it enacted by the Legislature of Alabama: 

1. That there is hereby created a commission to be 
known as "The Alabama Illiteracy Commission," which 
shall be composed of five persons, both men and women, 
including the State superintendent of education, who 
shall be ex-officio a member thereof. The commission- 
ers shall be appointed by the Governor and shall be se- 
lected for their fitness, ability and experience in matters 
of education, and their acquaintance with the conditions 
of illiteracy in the State of Alabama and its various 
communities. 

2. That the members of the commission shall be and 
are hereby constituted a body corporate with all the 
powers necessary to carry into effect all the purposes 
of this act. The commissioners after their appointment 



148 PUBLIC SCHOOL LAWS OF ALABAMA. 

and qualification, shall organize by electing from their 
membership a president and a secretary-treasurer. The 
secretary-treasurer shall execute a bond to the State of 
Alabama in a reputable bonding company and in such 
an amount as the commission may approve, for the faith- 
ful performance of the duties of his office and for the 
proper handling and accounting of all properties and 
monies which may come into his hands by virtue of his 
office ; provided, that the secretary-treasurer may be re- 
moved by the commission and a successor appointed by 
the commission in its discretion. 

3. That it shall be the duty of the commission and it 
shall have the power to make research, collect data, and 
procure the services of any and all communities of the 
State looking to the obtaining of a more detailed and 
definite knowledge as to the true conditions of the State 
in regard to its adult illiteracy, and report regularly the 
results of its labors to the Governor, and to perform any 
other act which in its discretion will contribute to the 
elimination of the State's adult illiteracy by means of 
the education and enlightenment of illiterate persons in 
the State of Alabama; and the commission shall expend 
any funds or use anything of value which it may receive 
in accordance with such regulations as it may from time 
to time adopt; provided, however, that any or all funds 
which may come into the hands of the commission shall 
be expended in keeping with the general purposes of 
this act. 

4. That the commission shall adopt such rules and 
regulations as may seem expedient for carrying on its 
business in a manner which shall seem to it most satis- 
factory. 

5. That .the members of this commission shall re- 
ceive no compensation for their services nor expenses 
of any kind out of the State treasury, but they shall be 
reimbursed out of any funds which may come into the 
hands of the commission from other sources for the use 
of the commission for their actual traveling and other 
necessary expenses incurred in the performance of their 
duties. 

Approved February 9, 1915. 



PUBLIC SCHOOL LAWS OF ALABAMA. 149 

No. 14.) AN ACT (H. C3. 

To authorize women to serve on boards of education 
of counties, and cities and towns. 

Be it enacted by the Legislature of Alabama: 

1. That on and after the passage of this bill, women 
shall be eligible to serve on the boards of education of in- 
corporated cities and towns, and on county boards of 
education. 

2. All laws and parts of laws, local, general or spe- 
cial in conflict with the provisions of this act be and the 
same are hereby repealed. 

Approved February 1, 1915. 



No. 119.) AN ACT (S. 182. 

To prohibit the employment of public school teachers 
of less than seventeen years of age, and to provide for 
the education of pupils of any school having less than 
ten pupils. 

Be it enacted by the Legislature of Alabama: 

1. That on and after October 1, 1915, no person shall 
be employed as a teacher in any public school in the 
State who is not at least seventeen years of age, and 
after December 1, 1915, if the attendance in any school 
shall fall below ten, then the county board of educa- 
tion is authorized to make the best arrangements it 
can for the education of those children. 

Approved February 20, 1915. 



No. 21.) AN ACT (S. 130. 

To submit to the qualified electors of the State at the 
general election to be held in November, 1916, for their 
consideration an amendment to the Constitution for the 
purpose of authorizing the several counties of the State 
and the several districts of any county to levy and col- 
lect a special tax, not exceeding thirty cents on each one 
hundred dollars worth of taxable property in such coun- 
ties and in the several districts of any county, under 
such regulations as the Legislature may have prescribed 
or may hereafter prescribe. 



150 PUBLIC SCHOOL LAWS OF ALABAMA. 

Be it enacted by the Legislature of Alabama: 
1. That the following amendmeDt to the Constitution 
of Alabama is proposed to be submitted to the qualified 
electors of the State for their ratification or rejection, at 
the general election to be held in November, 1916, to- 
wit: Article XIX, Section 1. The several counties in 
the State shall have power to levy and collect a special 
county tax not exceeding thirty cents on each one hun- 
dred dollars worth of taxable property in such counties 
in addition to that now authorized or that may hereafter 
be authorized, for public school purposes, and in addi- 
tion to that now authorized under section 260 of article 
XIV of the Constitution ; provided, that the rate of such 
tax, the time it is to continue and the purpose, thereof 
shall have been first submitted to the vote of the qualified 
electors of the county, and voted for by a majority of 
those voting at such election. Section 2. The several 
school districts of any county in the State shall have 
power to levy and collect a special district tax not ex- 
ceeding thirty cents on each one hundred dollars worth 
of taxable property in such district for public school 
purposes; provided, that a school district under the 
meaning of this section shall include incorporated cities 
or towns, or any school district of which an incorporat- 
ed city or town is a part, or such other school districts 
now existing or hereafter formed, as may be approved 
by the county board of education ; provided further, that 
the rate of such tax, the time it is to continue and the 
purpose thereof shall have been first submitted to the 
vote of the qualified electors of the district and voted 
for by a majority of those voting at such election; pro- 
vided further, that no district tax shall be voted or col- 
lected except in such counties as are levying and collect- 
ing not less" than a three-mill special county school tax. 
Section 3. The funds arising from the special county 
school tax levied and collected by any county shall be 
apportioned and expended as the law may direct; and 
the funds arising from the special school tax levied in 
any district which votes the same independently of the 
county shall be expended for the exclusive benefit of the 
district, as the law may direct. 



PUBLIC SCHOOL LAWS OF ALABAMA. 151 

EDUCATION ARTICLE OF THE CONSTITUTION. 
ARTICLE XIV. 

EDUCATION. 

256. The Legislature shall establish, organize and 
maintain a liberal system of public schools throughout 
the Slate for the benefit of the children thereof between 
the ages of seven and twenty-one years. The public 
school fund shall be apportioned to the several counties 
in proportion to the number of school children of school 
age therein, and shall be so apportioned to the schools in 
the districts or townships in the county as to provide, as 
nearly as practicable, school terms of equal duration in 
such school districts or townships. Separate schools 
shall be provided for white and colored children, and no 
child of either race shall be permitted to attend a school 
of the other race. 

257. The principal of all funds arising from the sale 
or other disposition of lands or other property, which 
has been or may hereafter be granted or entrusted to 
this State or given by the United States for educational 
purposes shall be preserved inviolate and undiminished 
and the income arising therefrom shall be faithfully ap- 
plied to the specific object of the original grants or ap- 
propriations. 

258. All lands or other property given by individuals, 
or appropriated by the State for educational purposes, 
and all estates of deceased persons who die without leav- 
ing a will or heir shall be faithfully applied to the main- 
tenance of the public schools. 

250. All poll taxes collected in this State shall heap 
plied to the support of the public schools in the respect- 
ive counties where collected. 

260. The income arising from the sixteenth section 
trust fund, the surplus revenue fund, until it is called 
for by the United States government, and the funds enu- 
merated in sections 257 and 258 of this Constitution, 
together with a special annual tax of thirty cents on 
each one hundred dollars of taxable property in this 
State, which the Legislature shall levy, shall be applied 



152 PUBLIC SCHOOL LAWS OF ALABAMA. 

to the support and maintenance of the public schools, 
and it shall be the duty of the Legislature to increase the 
public school fund from time to time, as the necessity 
therefor and the condition of the treasury aud the re- 
sources of the State may justify; provided, that nothing 
herein coutained shall be so construed as to authorize 
the Legislature to levy in any one year a greater rate of 
State taxation for all purposes, including schools, than 
sixty-five cents on each one hundred dollars worth of 
taxable property; and provided further, that nothing 
herein contained shall prevent the Legislature from first 
providing for the payment of the bonded indebtedness 
of the State and interest thereon out of all the revenues 
of the State. 

261. Not more than four per cent, on all moneys 
raised, or which may hereafter be appropriated for the 
support of public schools, shall be used or expended oth- 
erwise than for the payment of teachers employed in 
such schools; provided, that the Legislature may, by a 
vote of two-thirds of each house, suspend the operation 
of this section. 

262. The supervision of the public schools shall be 
vested in a superintendent of education, whose powers, 
duties and compensation shall be fixed by law. 

263. No money raised for the support of the public 
schools shall be appropriated to or used for the support 
of any sectarian or denominational school. 

264. The State University shall be under the manage- 
ment and control of a board of trustees which shall con- 
sist of two members from the congressional district in 
which the University is located, one from each of the 
other congressional districts in the State, the superin- 
tendent of education and the Governor who shall be ex- 
officio president of the board. The members of the 
board of trustees as now constituted shall hold office 
until their respective terms expire under existing law, 
and until their successors shall be elected and confirmed 
as hereinafter required. Successors to these trustees 
whose terms expire in nineteen hundred and two shall 
hold office until nineteen hundred and seven; successors 
to those trustees whose terms expire in nineteen hun- 



PUBLIC SCHOOL LAWS OF ALABAMA. 153 

dred and four shall hold office until nineteen hundred 
and eleven; successors to those trustees whose terms ex- 
pire in nineteen hundred and six shall hold office until 
nineteen hundred and fifteen ; and thereafter their succes- 
sors shall hold office for a term of twelve .years. When 
the term of any member of such board shall expire, the 
remaining members of the board shall by secret ballot 
elect his successor ; provided, that any trustee so elected 
shall hold office from the date of his election, until his 
confirmation or rejection by the Senate, and, if con- 
firmed, until the expiration of the term for which he was 
elected, and until his successor is elected. At every 
meeting of the Legislature the suprintendent of educa- 
tion shall certify to the Senate the names of all who 
have been so elected since the last session of the Legisla- 
ture, and the Senate shall confirm or reject them, as it 
shall determine is for the best interest of the University. 
If it reject the names of any members, it shall thereupon 
elect trustees in the stead of those rejected. In case of a 
vacancy on said board by death or resignation of a mem- 
ber, or from any cause other than the expiration of his 
term of office, the board shall elect his successor who 
shall hold office until the next session of the Legislature. 
No trustee shall receive any pay or emolument other 
than his actual expenses incurred in the discharge of his 
duties as such. 

265. After the ratification of this Constitution there 
shall be paid out of the treasury of this State, at the 
time and in the manner provided by law, the sum of not 
less than thirty-six thousand dollars per annum as inter- 
est on the funds of the University of Alabama, hereto- 
fore covered into the treasury, for the maintenance and 
support of said institution ; provided, that the Legisla- 
ture shall have the power at any time they deem proper 
for the best interest of said University to abolish the 
military system at said institution, or reduce the said 
system to a department of instruction, and that such ac- 
tion on the part of the Legislature shall not cause any 
diminution of the amount of the annual interest payable 
out of the treasury for the support and maintenance of 
said University. 



154 PUBLIC SCHOOL LAWS OF ALABAMA. 

266. * The Alabama Polytechnic Institute, formerly 
called the Agricultural and Mechanical College, shall be 
under the management and control of a board of trus- 
tees which shall consist of two members from the con- 
gressional district in which the institute is located, and 
one from each of the other congressional districts in the 
State, the State superintendent of education, and the 
Governor, who shall be ex-offieio president of the board. 
The trustees shall be appointed by the Governor, by and 
with the advice and consent of the Senate, and shall hold 
office for a term of twelve years, and until their succes- 
sors shall be appointed and qualified. The board shall 
be divided into three classes, as nearly equal as may be, 
so that one-third may be chosen quadrennially. Vacan- 
cies occurring in the office of trustees from death or res- 
ignation, and the vacancies regularly occurring in the 
year nineteen hundred and five, shall be filled by the 
Governor, and such appointee shall hold office until the 
next meeting of the Legislature. Successors to those 
trustees whose terms expire in nineteen hundred and 
three shall hold office until nineteen hundred and 
eleven ; successors to those whose terms of office expire 
in nineteen hundred and five shall hold office until nine- 
teen hundred and fifteen; and successors to those whose 
terms of office expire in nineteen hundred and seven 
shall hold office until nineteen hundred and nineteen. 
No trustee shall receive any pay or emolument other 
than his actual expenses incurred in the discharge of 
his duties as such. 

267. The Legislature shall not have power to change 
the location of the State University, or the Alabama 
Polytechnic Institute, or the Alabama School for the 
Deaf and Blind, or the Alabama Girls' Industrial 
School, as now established by law, except upon a vote of 
two-thirds of the Legislature taken by yeas and nays 
and entered upon the journals. 

26S. The Legislature shall provide for taking a school 
census by townships and districts throughout the State 
not often er than once in two years, and shall provide 
for the punishment of all persons or officers making 
false or fraudulent enumerations and returns; provid- 



PUBLIC SCHOOL LAWS OF ALABAMA. 155 

ed, the State superintendent of education may order 
and supervise the taking of a new census in any town- 
ship, district or county, whenever he may have reasona- 
ble cause to believe that false or fraudulent returns 
have been made. 

269. The several counties in this State shall have 
power to levy and collect a special tax not exceeding ten 
cents on each one hundred dollars of taxable property 
in such counties, for the support of public schools ; pro- 
vided, that the rate of such tax, the time it is to con- 
tinue, and the purpose thereof, shall have been first sub- 
mitted to a vote of the qualified electors of the county, 
and voted for by three-fifths of those voting at such 
election ; but the rate of such special tax shall not in- 
crease the rate of taxation, State and county combined, 
in any one year, to more than one dollar and twenty- 
five cents on each one hundred dollars of taxable proper- 
ty; excluding, however, all special county taxes for pub- 
lic buildings, roads, bridges and the payment of debts 
existing at the ratification of the constitution of eigh- 
teen hundred and seventy-five. The funds arising from 
such special school tax shall be so apportioned and paid 
through the proper school officials to the several schools 
in the townships and districts in the county that the 
school terms of the respective schools shall be extended 
by such supplement as nearly the same length of time as 
practicable; provided, that this section shall not apply 
to the cities of Decatur, New Decatur and Cullman. 

270. The provisions of this article and of any act of 
the Legislature passed in pursuance thereof to establish, 
organize and maintain a system of public schools 
throughout the State, shall apply to Mobile county only 
so far as to authorize and require the authorities desig- 
nated by law to draw the portions of the funds to which 
said county shall be entitled for school purposes and to 
make reports to the superintendent of education as 
may be prescribed by law; and all special incomes and 
powers of taxation as now authorized by law for the 
benefit of public schools in said county shall remain un- 
disturbed until otherwise provided by the Legislature • 
provided, that separate schools for each race shall al- 
ways be maintained by said school authorities. 



156 PUBLIC SCHOOL LAWS OF ALABAMA. 



IMPORTANT OPINIONS OF ATTORNEY GENERAL 



February 7th, 1907. 
Hon. Harry C. Gunnels, 

Superintendent of Education, 
Capitol. 
Dear Sir: 

In reply to your favor of the 7th inst., I have to say 
that public school money in the hands of a county 
superintendent, for disbursement to teachers, is not sub- 
ject to garnishment at the suit of a creditor of a teacher 
to whom such money is due or to become due.— Pruitt 
v. Armstrong, 56 Ala. 306. 

Respectfully submitted, 

Alex. M. Garber, 
Attorney General. 



April 20th, 1907. 
Hon. Harry C. Gunnels, 

Superintendent of Education, 
Capitol. 
Dear Sir: 

Many pressing matters and an unusual volume of 
work in this office have rendered the delay unavoidable 
in responding to your request contained in your letter 
of March 26th, to advise you concerning certain provis- 
ions of the "Rural School House Act," approved March 
2nd, 1907. I proceed herewith to render an opinion 
upon each inquiry: 

1st. The title of this act is as follows: "To appro- 
priate annually f 67,000.00 or so much thereof, as is nec- 
essary to aid rural school districts in this State to erect 
or to repair public school houses." Its purpose is clear- 
ly expressed in the above title and its character is dis- 
tinctly remedial. There is nothing in the body of the 



PUBLIC SCHOOL LAWS OF ALABAMA. 157 

act as to when it shall become operative. It cannot be 
contended that in the absence of a specific direction on 
this point there existed any legislative intent to post- 
pone the operation of this act to a future date. It is 
well settled that unless a different time is specified, 
statutes take effect and become operative from the day 
of the approval by the governor. — Phoenix Carpet Com- 
pany v. State, 118 Ala. 143; Taylor v. Hand, 31 Ala. 
383 ; Bank of Mobile v. Murphy, 8 Ala. 119. Therefore, 
it is manifest that this act became operative on March 
2nd, 1907, the date of its approval by the governor, and 

1 so advise you. 

2nd. It is clearly the purpose of this act to render aid 
only to rural school districts in the erection and repair- 
ing of public school houses and the provisions of section 

2 expressly exclude any school district a part of which 
lies in an incorporated city, town or village. The word 
"incorporated" must be held to qualify and describe 
each of the three words "city," "town" and "village." 

3rd. Whenever the erection of a rural school building 
has been begun and has not been completed before the 
passage of this act, I think such school house should re- 
ceive the benefits of this act and you would be authoriz- 
ed to so hold, provided the county board of education, 
upon application by the district trustees to the county 
superintendent of education and its submission to said 
board, approves such application for aid, after having 
ascertained that all the conditions of section 2 of said 
act have been complied with; and if the plans of said 
building, under course of construction, are endorsed by 
you. 

4th. The following provision is found in the last lines 
of section 3 of this act : "No money shall be appropriat- 
ed for the erection of a new school building on a plat of 
ground of less dimensions than two acres." The mean- 
ing of the language employed here is too obvious to ad- 
mit of any doubt. The restriction upon the erection of 
a new school building on a plat of less than two acres is 
plain, and it is equally apparent that this restriction 
does not apply to the school houses already erected on a 
plat of less than two acres. Repairs on such a school 



158 PUBLIC SCHOOL LAWS OF ALABAMA. 

lot, of less than two acres, therefore, may receive the aid 
of the funds appropriated under this act, 

5th. Construing this act as a whole, it is my opinion 
that it appropriated $67,000.00 annually for the pur- 
poses named in the act. From section 1 it would appear 
that $67,000.00 or only so much thereof as is necessa- 
ry is appropriated, but when construed in connection 
with the following provisions in section 5 : "Provided 
further that if at the end of any year the whole appro- 
priation for that year has not been exhausted, the State 
auditor and the State treasurer shall carry the unex- 
pended balance forward and this balance shall be avail- 
able in addition to the regular appropriation for the cur- 
rent year," it is clear that it was the manifest intention 
of the Legislature to appropriate and set aside $67,- 
000.00 each year to aid rural school districts and such 
evident intention of the Legislature must control. — 
Brooks v. School Commissioners, 31 Ala. 227; Sale v. 
State, 68 Ala. 530; 26 Am. & Eng. Ency. of Law (2d 
ed.), p. 66; Lehman-Durr & Co. v. Robinson, 59 Ala. 
219. 

You will observe that section 1 provides that not more 
than $1,000.00 of the annual appropriation shall be 
used in any one county in a separate fiscal year, but 
this provision cannot be held to apply to the unexpend- 
ed balance mentioned in section 5, which is made avail- 
able in addition to the regular appropriation for the 
current year. 

6th. Where this appropriation is used for merely re- 
pairing a rural school house, the act does not require 
the plans of such school house to be endorsed by the 
State superintendent of education. 

7th. The deed provided for in section 4 of this act 
should be made to "The State of Alabama for the benefit 

of district of county," and should 

convey a fee simple title. Therefore, I advise you to 
instruct your county superintendents of education to 
accept only deeds which pass an absolute and uncondi- 
tional title to the State of Alabama. I advise also that 
you require these deeds to be sent to your office for in- 
spection before requesting the State auditor to draw his 



PUBLIC SCHOOL LAWS OF ALABAMA. 159 

warrants as provided in the act. They should also be 
filed in your office permanently for safe keeping. 
I remain, Yours very truly, 

Alex. M. Garber, 
Attorney General. 



May 16th, 1907. 
Hon. Harry C. Gunnels, 

Superintendent of Education, 
Capitol. 
Dear Sir: 

Some time ago you submitted to me by letter a ques- 
tion involving this inquiry : 

"Is a citizen, who is not a qualified elector in Russell 
county, State of Alabama, eligible to hold an elective 
office in said county, to-wit, the office of county super- 
intendent of education?" 

Neither the constitution nor the statutes of Alabama 
prescribe the qualifications required of a person to ren- 
der him competent to hold this office. Section 3550 of 
the Code of 1896 reads as follows : "Unless by special 
act it is otherwise provided, a county superintendent for 
each county is elected at each general election as provid- 
ed in this code." See also an act "To provide for the 
election of county superintendents of education," ap- 
proved Feb. 13th, 1889, p. 396 of the acts of 1888-89. 

Upon investigation I find that it has been held in sev- 
eral States in cases of this character, that none but 
qualified electors can hold an elective office unless other- 
wise specially provided. The leading Alabama case on 
this subject is that of Scott v. Strobach, 49 Ala. p. 477. 
Justice Brickell, speaking for the court in this case, 
asserts the following principle : "It would be at war 
with the spirit and theory of our institutions, to recog- 
nize as eligible to any public office one who is not a qual- 
ified voter. The right of suffrage and the capacity to 
hold office, unless otherwise expressly declared, must 
co-exist." 

In the case of the State of Iowa v. Geo. Van Beek, 19 
L. R. A. 622, the Supreme Court of Iowa on appeal in an 



160 PUBLIC SCHOOL LAWS OF ALABAMA. 

action brought to determine the right to the office of 
sheriff delivered the following: "Our first inquiry is 
whether an alien can hold the office of sheriff under the 
laws of Iowa. There is no provision in our constitution 
or statutes upon that subject, yet it is certainly a funda- 
mental principle of our government that none but 
qualified electors can hold an elective office unless oth- 
erwise specially provided * * *. We are of the opin- 
ion that appellee Van Beek was ineligible to hold the 
office of sheriff prior to his naturalization." 

A like principle is laid down in the case of the State 
v. Smith, 14 Wis. 497. 

In the later case of the State v. Murray, 28 Wis. 96, 
the Supreme Court of that State in referring again to 
this question, through Justice Lyons, who delivers the 
opinion of the court, says : 

"There is no constitutional or statutory provision, 
and but one judicial decision in this State, which affects 
this question. In the State ex rel. Off v. Smith, 14 Wis. 
497, this court decided that a person cannot lawfully 
hold such an office unless he is a qualified elector of the 
State. The grounds of that decision are stated in the 
opinion by Dixon, C. J., to be, that as to all independent 
popular governments "it is an acknowledged principle, 
which lies at the very foundation, and the enforcement 
of which needs neither the aid of statutory or constitu- 
tional enactments or restriction, that the government is 
instituted by the citizens for their liberty and protec- 
tion, and that it is to be administered, and its powers 
and functions exercised by them and through their 
agency." In that case the defendant was an alien, and 
had entered upon the discharge of the duties of the of- 
fice of sheriff, to which he has been elected, without hav- 
ing become -an elector by declaring his intention to be- 
come a citizen; indeed he had not done so when the ac- 
tion was commenced. Under this state of facts this 
court held that he could not lawfully hold the office, 
but did not decide, either expressly or by necessary im- 
plication, that he could have held it had the disqualifica- 
tion been removed intermediate the election and the 
commencement of the term. It is true that it is said in 



PUBLIC SCHOOL LAWS OF ALABAMA. 161 

the opinion thai the defendant was ineligible; but it is 
not said that he was ineligible to be elected to snob, of- 
fice, and the obvious meaning is that he was ineligible to 
hold the office. The term "ineligible" means as well dis- 
qualification to hold an office, as disqualification to be 
elected to an office." 

The same doctrine is reaffirmed and adhered to in a 
still later Wis. case. Justice Lyons delivering the opin- 
ion of the court in the case of the State v. Trumpf, 50 
Wis. p. 103, holds as follows: 

"Only two cases have been adjudicated by this court 
which have any direct bearing upon the question to be 
determined on this appeal. These are State ex rel. Off. 
v. Smith, 14 Wis. 497, and State ex rel. Schuet v. Mur- 
ray, 28 Wis. 96. In the first of these cases it was held to 
be fundamental principle of our government that a 
person not an elector of the State is ineligible to hold a 
public office therein, although our constitution and stat- 
utes do not expressly so ordain. In the latter case it 
was held that, in the absence of any constitutional or 
statutory provision on the subject, such ineligibility 
goes only to the holding of the office, and hence that, if 
an alien who is not an elector receives a plurality of 
votes for an office, he may lawfully hold and exercise the 
same, if, by naturalization or declaration, his disability 
is removed before the commencement of the term of of- 
fice to which he has been elected." 

In a treatise on the law of Public Officers, Mechem 
lays down the following general rule: 

"Where no limitations are prescribed, however, the 
right to hold a public office under our political system 
is an implied attribute of citizenship, and is presumed 
to be co-extensive with that of voting at an election 
held for the purpose of choosing an incumbent for that 
office, those and those only who are competent to select 
the officer being deemed competent also to hold the of- 
fice." 

Under the influence of the authorities cited above, I 
can reach no other conclusion than that the right to 
hold a public office which is elective, should be limited 
to those citizens who are qualified electors of the State 

6SL 



162 PUBLIC SCHOOL LAWS OF ALABAMA 

or county over which the jurisdiction of such office ex- 
tends. The courts have evidently been governed to some 
extent by considerations of public policy (and I think 
very properly so ) in deciding cases of this character and 
the doctrine that the right of suffrage and the capacity 
to hold office must co-exist, appeals to me as a sound 
and conservative principle of law. Therefore, it is my 
opinion that a citizen who is not a qualified elector of 
Russell county is ineligible to fill an elective office of 
said county. 

I remain, Very respectfully, 

Alex. M. Garber. 
Attorney General. 



Hon. Harry C. Gunnels, 

Superintendent of Education, 
Capitol. 
Dear Sir: 

On the 5th instant, you addressed a communication 
to me with which you enclosed a letter from Mr. Arthur 
F. Harman, superintendent of the New Decatur Public 
Schools, New Decatur, Alabama, in which Mr. Harman 
desires to be advised by you whether the school funds 
for New Decatur for the year 1907-8 will be paid to him 
by the county superintendent of Morgan county or paid 
over by you direct to Mr. Harman under Section 176 
of the act of August 13th, 1907, known as the Municipal 
Code. 

The title of the act referred to is as follows : 

"An act to provide for the organization, incorpora- 
tion, government and regulation of cities and towns and 
to define the rights, powers, duties, jurisdiction and 
authority of such cities and towns and the officers there- 
of, and to prescribe penalties for violations of the pro- 
visions of this act." 

Section 176 of the act is as follows : 

"Each incorporated city or town, as a special school 
district or embraced therein shall receive its proportion- 
ate share of the public school revenue to be paid over 



PUBLIC SCHOOL LAWS OF ALABAMA. 163 

by the State superintendent of education direct to the 
city superintendent of schools and by him paid over to 
the treasurer." 

After a very, careful consideration of the question, I 
am of opinion that the provision contained in section '176 
directing the State superintendent of education to pay 
over to the city superintendent of schools of each incor- 
porated city or town the proportionate share of the pub- 
lic school revenue is not a subject expressed in, covered 
or suggested by the title of the act ; or necessary or 
proper to the full rounding of an enactment upon the 
subject which is expressed in the title and is, therefore, 
obnoxious to the requirement of section 45 of the con- 
stitution that "each law shall contain but one subject 
which shall be clearly expressed in its title." 

In the case of Bell v. State, 115 Ala. 87, the court con- 
sidered an act "to establish a new charter for the City 
of Huntsville" and held that the provisions of this act 
forbidding the prosecution on affidavit before a justice 
of the peace of a person who had already been arraigned 
before the mayor for the same act under the city ordi- 
nance, was violative of the constitutional provision, to 
which I have referred. In the course of the opinion, 
Judge McClellan, speaking for the court, said : 

'The subject to be contained in a bill may be as broad 
and comprehensive as the legislature may choose to 
make it, It may include innumerable minor subjects, 
provided all these minor subjects are capable of being so 
combined as to form only one grand and comprehensive 
subject, and if the title of the bill, containing this grand 
and comprehensive subject, is also comprehensive 
enough to include all these minor subjects as one sub- 
ject, the bill and all parts thereof will be valid * * *. 
The grand and comprehensive subject expressed in the 
title to this act is the charter of the city, the creation of 
corporate existence and the conferring of corporate 
powers. Such subject embraces all the minor subjects 
incident to such corporate existence and powers; and 
whatever is necessary to a complete municipal charter, 
or is embraced in the thought contained in the general 
expression, is a part of the subject expressed, and an- 



164 PUBLIC SCHOOL LAWS OF ALABAMA. 

thorized by the general expression. * * * But, to take 
away from any tribunal, even of the most inferior char- 
acter, established by general laws and charged with their 
administration, jurisdiction theretofore conferred to try 
offenses against the criminal laws of the State, and to 
confer it exclusively upon an officer of a municipal cor- 
poration, is not to provide for the exercise of any func 
tion of municipal life nor to confer any power incident 
to municipal government nor to follow any suggestion 
which can be referred to the expressed purpose of estab- 
lishing a municipal charter." 

In the case of Black v. State, 144 Ala. 92, the court 
followed the case of Bell v. State, supra, and held that 
a like provision contained in "an act to amend an act to 
incorporate the town of Geneva," was unconstitutional. 

The following cases support the general principle Laid 
down by Judge McClellan in the Bell case: 

Ex rel. Gayles, 108 Ala, 514 ; 
Bradley v. State, 99 Ala. 177 ; 
Glenn v. Lvnn, 89 Ala. 608 ; 
Mobile v. L. & N., 124 Ala. 132-142. 
The State v. So. Ry. Co., 115 Ala. 250; 
Ballantyne v. Wickersham, 75 Ala. 533 ; 
Ex rel. Reynolds, 87 Ala. 138 ; 
White v. Boyin, 113 Ala. 170 ; 
Montgomery v. State, 88 Ala. 141; 
Sanders v. State, 117 Ala. 543 ; 
Lindsay v. U. S. Asso., 120 Ala. 156 ; 
Covington v. Thompson, 142 Ala. 90, 111-112. 

The title of the act in question may for convenience be 
divided into three divisions: 

(a.) To. provide for the organization, incorporation, 
government and regulation of cities and towns; 

(b.) To define rights, powers, duties, jurisdiction 
and authority of such cities and towns and of the offi- 
cers thereof; 

( c. ) To prescribe penalties for violations of the pro- 
visions of this act. 

Applying the principle of these cases to the case in 
hand, the subject matter of section 176 does not relate to 



PUBLIC SCHOOL LAWS OF ALABAMA. 165 

the organization, incorporation, government and regula- 
tion of cities and towns; nor is it a right, power, duty or 
a feature of the jurisdiction and authority of cities and 
towns and of the officers thereof, and clearly it has no 
relation to the last division of the title, — prescribing 
penalties for violation of the provisions of this act. In 
analyzing the question with the title in view, it is appar- 
ent that the only phase of the title which gives any sort 
of support to the provision of section 176 is that part of 
the title which I have set out in division "b," viz. : "To 
define the rights, powers, duties, jurisdiction and au- 
thority of such cities and towns and of the officers there- 
of." And so far from being a right, power or duty of a 
city, it imposes on the other hand a duty upon the State 
superintendent of education, and would change the en- 
tire system of dealing with a large portion of the public 
school revenue — in contravention of existing laws on 
that subject. It also indirectly affects the compensa- 
tion to which the county superintendent of education is 
entitled under section 3555 of the code by relieving him 
of the duty of disbursing so much of the public school 
revenue as would by the proposed system be paid direct 
to the city. It does not provide for the exercise of any 
function of municipal life nor does it confer any power 
incident to municipal government. 

The purpose of section 15 of the constitution, said 
Chief Justice Brickell in Lindsay v. U. S. Association, 
120 Ala. 156, is among other things, "to fairly apprise 
the people, through such publication of legislative pro- 
ceedings as is usually made of the subjects of legislation 
that are being considered, in order that they may have 
the opportunity of being heard thereon by petition or 
otherwise, if they shall so desire." And further in the 
same case it is held that "the title must be such, at least, 
as fairly to support or give a clue to the subject dealt 
with in the act and, unless it comes up to this standard, 
it falls below the constitutional requirement." 

The subject matter of this section (176) would never 
be suggested to the legislative mind from reading or 
hearing read the caption of this bill ; nor is it reasonable 
to say that the general public was fairly apprised, from 



166 PUBLIC SCHOOL LAWS OF ALABAMA. 

the title of the act, under the principles above quoted, 
that a provision was contained therein which directly 
affected and changed the duty heretofore imposed by 
law upon the State superintendent of education, as well 
as the duties and emoluments of the county superin- 
tendent of education, in sixty-seven counties. 

It follows, therefore, that section 176 of the act under 
consideration falls to the ground, and there is no au- 
thority for you to pay to the superintendent of public 
school of New Decatur the school funds of that city. 

In order that no misunderstanding may result, I beg 
to say that the remaining portions of the municipal code 
are unaffected by this ruling; for it is well settled that 
where an act is "complete within itself, sensible, capa- 
ble of being executed and wholly independent of that 
which is rejected, the enactment will be upheld and en- 
forced as to that which is valid." 

Harper v. State, 109 Ala. 28. 

I beg to remain, 

Very respectfully, 
Alex. M. Garber, 
Attorney General. 



Montgomery, April 2nd, 1908. 
Hon. Harry C. Gunnels, 

Superintendent of Education, 
Montgomery, Alabama. 
Dear Sir: 

According to information received from your depart- 
ment, there are about 11,000 district school trustees in 
the State of Alabama. I am receiving every day let- 
ters from many of these district trustees from all parts 
of the State, seeking information on the question of 
their exemption from the payment of poll tax and their 
right to vote in the May primary. This situation, which 
indicates a condition of uncertainty in the minds of the 
people on this subject, has induced me to send you this 
official communication in order that you may send out 
from your department the advices contained herein. 



PUBLIC SCHOOL LAWS OF ALABAMA. 167 

Section 3575 of the Civil Code of 1896 is as follows : 

"Township trustees are exempt from road duty, jury 
duty and poll tax, so long as they shall continue in of- 
fice and perform the duties thereof; and the certificate 
of the county superintendent of education shall be evi- 
dence of the fact." 

The constitution of Alabama of 1901 provides that 
"To entitle a person to vote at any election by the peo- 
ple, he shall have * * * paid on or before the first 
day of February next preceding the date of the election 
at which he offers to vote all poll taxes due from him for 
the year 1901, aud for each subsequent year." (Consti- 
tution, Section 178. ) It further declares that "the poll 
tax mentioned in this Article shall be one dollar and 
fifty cents upon each male inhabitant of the State, over 
the age of 21 years, and under the age of 45 years, who 
would not now be exempt by law." (Constitution, Sec- 
tion 184.) 

The present Constitution of Alabama was ratified on 
November 28th, 1901. On that date, and for many years 
prior thereto, the statute (Code Section 3575) was in 
force which exempted Township Trustees from the pay- 
ment of poll tax, subject to the conditions prescribed in 
said section of the Code. Township Trustees being thus 
exempt from the payment of poll tax at the date of the 
ratification of the Constitution, they were not required 
to pay the poll tax in order to qualify as an elector. 

The Redisricting Act of September 30th, 1903, abol- 
ished the Township lines for school purposes and re- 
tained Township Trustees under the provisions of the 
then existing law only for the purpose of selling and 
leasing the Sixteenth Section School lands. The said 
Act also created a local board of three District Trustees 
for each District to be elected by the qualified electors 
thereof, and defined the duties of such District Trustees, 
which are practically the same as the duties of the 
Township Trustees under the old law. 

On March 13th, 1906, my predecessor in office ren- 
dered an official opinion to the State Superintendent of 
Education, in which he held that the District Trustees, 
created under the general Redisricting Act, were ex- 



168 PUBLIC SCHOOL LAWS OF ALABAMA. 

empt from the payment of poll tax, inasmuch as they 
were exempt under Section 3575 of the Code but therein 
called Township Trustees and that the mere change of 
the name, their duties being but slightly changed, could 
not operate to defeat the exemption. From the date of 
the announcement of this opinion — March 13th, 1906 — 
I am informed by you that the Department of Educa- 
tion, acting under the authority of this opinion has uni- 
formly advised District Trustees over the State that 
they were under the law exempt from the payment of 
poll tax. I think the ruling of the Attorney General's 
Department above referred to should be regarded as 
authority for the exemption of such District Trustees 
from the payment of poll tax and no District Trustees 
should be challenged at the Primary on May 18th, on 
the ground that he has failed to pay such tax. 

It will also be a matter of importance to the District 
Trustees who will be elected on the first Saturday in 
July, 1908, to be advised of the fact that the new Code, 
which will become effective on May 1st, 1908, abolishes 
entirely Township Trustees, omits Section 3575 of the 
Code of 1896, and contains, as far as I have been able 
to discover after careful examination, no provision ex- 
empting District School Trustees, under the general law 
from road duty, jury duty, and poll tax. 

This will effect a change in the status of District 
Trustees in respect to the payment of poll tax and on 
October 1st, 1908, they will be liable for the payment of 
such tax, and will also be subject to road duty and jury 
duty. 

I remain, 

Yours very truly, 
(Signed) Alex. M. Garber, 
Attorney General. 



PUBLIC SCHOOL LAWS OF ALABAMA. 169 

Montgomery, August 21, 1908. 

Hon. Harry C. Gunnels, 

Superintendent of Education, 
Capitol. 
Dear Sir : 

On the 25th ultimo you handed me a communication 
from Mr. W. T. Hollingsworth, county superintendent 
of education of Chambers county, Alabama, to which 
was attached a letter from Mr. J. M. Tucker, and you 
desire to be advised upon the question raised in these 
letters, namely, whether the county board of education 
may apportion money from the general school fund for 
the support of the county high schools established un- 
der the act of the legislature of August 7th, 1907, (Gen- 
eral Acts, 1907, page 728). 

After a full investigation of the matter, it is my opin- 
ion and I so advise you that the county board of educa- 
tion may, in its discretion apportion money from the 
common school fund for the support of such high 
schools. I am supported in my conclusion by the cases 
of Elsberry v. Seay, 83 Ala. page 614, and Shultes v. 
Eberly, 82 Ala., page 242. 

The authority for the apportionment of the school 
funds by the county boards of education is found in 
Section 1765, et seq., of the code of 1907. A very wide 
discretion is reposed in these boards in making such 
apportionment and I regard it as being within their 
power to apportion the same in part for the support of 
the high schools, established under the authority of the 
act referred to, which constitute an integral part of our 
public school system. I remain, 

Yours very truly, 
(Signed) Alex. M. Garber, 
Attorney General. 



170 PUBLIC SCHOOL LAWS OF ALABAMA. 

Montgomery, May 17, 1911. 

Hon. H. J. Willingham, 

Superintendent of Education, 
Capitol. 
Dear Sir: 

Replying to your letter of the 16th requesting my 
opinion upon the validity of the bill, H. B. 285, "To 
amend Sections 1975, 1976, 1977, 1981, 1992, 1993 and 
1989 of the Code of Alabama of 1907," approved April 
18th, 1911, I find upon investigation of the Journals of 
the legislature that on the forty-seventh day of the ses- 
sion, April 5th, 1911, that when this bill, H. 285, was 
taken up and before the third reading, a substitute for 
the bill was offered and this substitute was set out at 
length upon the Journal of the House and was adopted 
by the House and the bill as amended by this substitute 
was read a third time at length and passed. 

Section 1 of this substitute, as shown by the Journal 
of the House, appropriated the sum of "one hundred 
thousand and five hundred dollars." However, it will 
be found that Section 1 of the enrolled bill was signed 
by the presiding officer and approved by the governor 
and which is the law itself, appropriates the sum of 
"one thousand and five hundred dollars." The original 
of the substitute, which was adopted by the House now 
shows that Section 1 appropriates one thousand five 
hundred dollars, the word "hundred" that appears in 
the copy of this substitute on the Journal of the House, 
being stricken out. 

Thus it will be seen that the bill which passed the 
House is materially different from the one approved by 
the governor and signed by the presiding officers of the 
two houses and presumably different from the one which 
passed the senate. 

There can be no question with reference to the fact 
that the difference in the two bills is a material one, the 
difference being in the total amount appropriated for 
the purpose of the bill and under the rulings of the 
Supreme Court of this State with reference to such 
matters, the bill is unconstitutional and absolutely void 



PUBLIC SCHOOL LAWS OF ALABAMA. 171 

in its entirety, the court holding that where an amend- 
ment to a bill is set out upon the Journal of either 
house, that the enrolled bill must be in accordance with 
this amendment. (See Stein v. Leeper, 78 Ala. 517, and 
Moog v. Randolph, 77 Ala. 597.) 

Yours truly, 
Robert C. Brickell, 
Attorney General. 



Montgomery, Ala., Oct. 4, 1911. 

Hon. H. J. Willingham, 

Superintendent of Education, 
Capitol. 
Dear Sir: 

I beg to acknowledge receipt of your letter of the 3rd 
inst., requesting my opinion upon the question as to 
whether or not county boards of education can use any 
part of the general educational fund provided for by 
the Constitution and by Section 1760 of the Code for the 
payment of teachers' salaries, or other debts which have 
accrued during a previous year. 

After consideration of Section 256 et seq. of the Con- 
stitution, and Article 16 of Chapter 41 of the Code, I 
am of the opinion that the county boards have no right 
to use any of the money apportioned to their counties, 
for the payment of any debt which had accrued during 
any previous year; that to allow such a practice would 
be in violation of the general uniformity contemplated 
by the Constitution and the Acts of the Legislature put- 
ting into effect these constitutional provisions. 

Yours truly, 
(Signed) Robert C. Brickell, 

Attorney General. 



172 PUBLIC SCHOOL LAWS OF ALABAMA. 

Montgomery, Ala., Nov. 22, 1911. 

Hon. H. J. Willingham, 

Superintendent of Education, 
Capitol. 
Dear Sir : 

Yours of this date requesting me to advise you wheth- 
er the several county boards of education have author- 
ity to purchase at the expense of the county, record 
books on which said board could require the keeping of 
a suitable record of attendance and of the grading and 
of the promotion of children in the public schools, and 
if so purchased, whether the cost of said record books 
would be a proper charge against the county under the 
provisions of Section 1713 of the Code, received. 

After an examination of the Section of the Code 
above referred to, I am of the opinion and so advise you, 
that the county board of education has the power and 
authority to purchase such record books, and that the 
cost of such record books would be a proper charge 
against the county and should be paid by the commis- 
sioners' court or board or revenue of the county when 
the claim is presented to them for audit and allowance. 

Yours truly, 
Robert C. Brickell, 
Attorney General. 



public school laws of alabama. 173 

The State of Alabama — Judicial Department. 



THE SUPREME TOURT OF ALABAMA. 
November Term, 1909-10. 



7 Div. 320. 



1 Jessie Bryant, pro ami, 

vs. 
M. A. Whisbnant, et aU. 



Appeal from Anniston City Court. 



Anderson, .J. — It is manifest, that chapter -41 of the 
code of 1907, which relates to the public school system 
of the State contemplates, that tuition shall be abso- 
lutely free to all minors of the State over the age of 
seven. We think, however, there is a well defined dis- 
tinction between tuition and a reasonable incidental fee, 
for heating and lighting the school room. — State ex ret. 
Priest v. University of Wisconsin, 54 Wis. 159. And 
when the statute makes no provision for a fund for this 
purpose, the county boards have the right to prescribe a 
reasonable method for the raising and collection of this 
fund and to delegate the authority to district boards 
and teachers to enforce said rules. We also think that 
the requirements of a reasonable incidental fee for this 
purpose, as a condition precedent to attendance, is con- 
templated by a statute, in the absence of any special 
provision for same, and that the rule set up in special 
pleas 2 and 4 was a reasonable one and a good defense 
to the plaintiff's action. The trial court properly over- 
ruled the demurrers to these pleas and the judgment 
must be affirmed. 

Affirmed. 

Dowdell, 0. J., Simpson, McClellan and Sayre. J J., 
concur in the opinion and the conclusion, Mayfield, J., 
concurs in the conclusion, but does not think that the 
law contemplates free tuition. 



174 public school laws of alabama. 

The State of Alabama — Judicial Department. 



7 Div. 671 



THE SUPREME COURT OF ALABAMA. 

Special Term, November 7, 1914. 



P. E. Robertson, et al., 

v. 

W. E. Oliver, et al. 



Appeal from St. Clair Circuit Court. 



de Graffenried, J. — In the case of Bryant v. Whise- 
nant, 167 Ala. 325, this court, after careful consider- 
ation, declared that "Chapter 41 of the Code of 1907, 
which relates to the public school system of the State, 
contemplates that tuition shall be absolutely free to all 
minors of the State over the age of seven." In this same 
case this court also declared that school boards have 
a right to fix a reasonable incidental fee for heating and 
lighting the school-room, etc., and that they have the 
right to require, by reasonable regulations, each child 
within school age, as a condition precedent to enter- 
ing a public school as a pupil, to pay such incidental fee. 
Of course a rule fixing a reasonable incidental fee and 
requiring it to be paid on the first day of each month, 
will be upheld by the courts. — Bryant v. Whisenant, et 
al., supra. This discretion as to incidental fees which 
is lodged in school boards must be reasonably exercised, 
and a school board will not be permitted to exact tuition 
from a pupil of a public school under the guise of a mere 
incidental fee. Education of man is essential to his 
highest usefulness and the children of the poor are, on 
this account, the peculiar objects of the care of the 
State. It is the purpose of our law-makers — so far as 
the financial condition of the State will permit it — to 
place within the reach of every child in the State an op- 
portunity to obtain at least a rudimentary education 



PUBLIC SCHOOL LAWS OF ALABAMA. 175 

and school boards will not be permitted, under any pre- 
tense, to so exercise the discretion which the law, ex 
necessitate, lodges in them, as to deny to any child of 
school age who is within their jurisdiction, the privilege 
of attending his or her public school. 

In the instant case it had been found by experience 
that 25 cents per month was a sufficient incidental fee 
to be exacted from school children who attended this 
public school. The school board, however, raised this 
fee and made an assessment of 50 cents per month for 
pupils in the first, second and third grades, 75 cents 
per month for pupils in the fourth, fifth and sixth 
grades, and $1.00 per month for pupils in all of the 
grades higher than the sixth grade. This assessment 
was made as an incidental fee for the purpose of pro- 
viding coal, heat, water, and other necessary supplies 
for the school, and the balance, if any, to be paid "to 
teachers in order that the term of the school might be 
prolonged." In other words, this assessment was, in 
fact, a charge not only for the incidental expense of the 
school, but for tuition. The desire of the school board 
— and of a majority of the patrons of the school — to 
prolong the term of this school and thus render it more 
efficient, was a laudable desire, but the board had no 
right, in order that it might accomplish this purpose, to 
require any child to pay a greater sum than his pro 
rata of such reasonable amount as would, in the usual 
course of things, meet the current monthly incidental 
expenses of the school. — Bryant v. Whisenant, supra. 

The judgment of the trial court was in accordance 
with the above views, and the judgment of the trial 
court is affirmed. 

Affirmed. 

McClbllan, Sayre and Gardner, JJ., concur. 



INDEX 



Section. Page. 

AGENT, LAND — 14G-147 

AGRICULTURAL SCHOOLS (Note) — 55 

ALABAMA GIRLS TECHNICAL INSTITUTE__1912-32 85-92 

Constitution 2G7 154 

ALABAMA ILLITERACY COMMISSION — 147-148 

ALABAMA INDUSTRIAL SCHOOL (for boys)_1954-70 100-105 

ALABAMA INSTITUTE FOR DEAF AND BLIND 

(white and colored) 1933-53 93-99 

ALABAMA POLYTECHNIC INSTITUTE 1899-1911 82-85 

Constitution 266-7 152-154 

ALABAMA, UNIVERSITY OF 1869-89 73-80 

Testing laboratory for cement 1893 81 

Summer school 1894-8 81-82 

Constitution 264-5, 267 152-154 

AMENDMENT TO CONSTITUTION PROVIDING 

FOR LOCAL TAX _- 149-150 

APPORTIONMENT OF SCHOOL FUND, DIS- 
BURSEMENT 1760-80 40-45 

State auditor certifies amount of educational 
fund ; Superintendent of education ap- 
portions 1760 40 

Contingent expenses and amount for nor- 
mal schools set apart : residue appor- 
tioned 1761 40-41 

Amount apportioned certified to auditor; 
no wararnts drawn in excess ; balance 
unapportioned certified to treasurer 1762 41 

Superintendent must certify and report 
amount of school fund apportioned to 
the several counties to the county su- 
perintendent 1763 41 

Interest on trust funds first set apart ; ef- 
fect of apportionment 1764 41-42 

Apportionment to districts 1765 42 



178 INDEX. 

Section. Page. 

Report of apportionment by county board 1766 42 

County board to keep record of apportion- 
ment 1767 42 

Apportionment recorded and certified ; con- 
tracts invalid 1768 42-43 

Poll tax received by each county 1769 43 

Apportioned and certified to auditor 1770 43 

Apportionment and expenditure of local 

school money 1776 43-44 

Apportionment of income from trust fund 

when township divided 1777 44 

Fund once apportioned, not used otherwise 

until reapportioned 1778 44 

Income new districts are entitled to 1779 44 

Contingent fund for department of educa- 
tion 17S0 44-45 

APPORTIONMENT FOR PUBLIC SCHOOL 

FUNDS, WHEN ACCRUE ____1678 3-4 

Placed to credit of educational fund 1679 4-5 

ATTORNEY GENERAL, IMPORTANT OPINIONS 

OF — 156-172 

Salaries of teachers not liable to garnish- 
ment — 156 

Rural schoolhouses, application of funds — — 156-159 

Qualifications for election as county super- 
intendent — 159-162 

Declaring section 176 of the Municipal Code 

unconstitutional — 162-166 

District trustees not exempt from poll tax, 

road duty, and jury duty __ 166-168 

Authorizing county boards of revenue to ap- 
portion money to county high schools__ __ 369 

Declaring unconstitutional an act amending 

the rural schoolhouse law — 170-171 

County board of education cannot use funds 

of incoming year to take care of debts __ 171 

Authorizing county boards of commissioners 
to pay for teachers' registers and rec- 
ord books — 172 

(See Supreme Court decisions pp. 173-175) 



INDEX. 179 

Section. Page. 

BLIND, ALABAMA INSTITUTE FOR DEAF AND 

(white and colored) 1933-53 93-99 

BOARDS OF EDUCATION, AUTHORIZING WOM- 
EN TO SERVE ON — 149 

BOARDS OF EDUCATION, COUNTY 1712-6 21-23 

BOARDS AND OFFICERS OF PUBLIC SCHOOLS_1680 5 

BOOK COMMISSION, TEXT, MEMBERS, AP- 
POINTMENT 1805-50 56-68 

(See Textbook Commission, etc.) 

BOYS', ALABAMA BOYS INDUSTRIAL SCHOOL 

FOR 1954-70 100-105 

CENSUS OR ENUMERATION OF SCHOOL CHIL- 
DREN 1717-8 25-26 

(See Enumeration or census of school chil- 
dren) 

CHILD LABOR LAW — 118-128 

Act providing for schools — 132 

CHILDREN AND PUPILS ELIGIBLE TO PUBLIC 

SCHOOLS 1755-7 38-39 

Pupils entitled to instruction 1755 38 

Non-residents entitled to school privileges_1756 39 

Separate schools for the two races 1757 39 

CITY AND TOWN SCHOOLS UNDER MUNICI- 
PAL GOVERNMENT 1348-58 112-118 

(See Municipal Government, etc.) 

COMMISSION, ALABAMA ILLITERACY __ 146-147 

COMMISSION, TEXTBOOK, MEMBERS, AP- 
POINTMENT 1805-50 56-68 

(See Textbook Commission, etc.) 

CONSTITUTION, EDUCATION ARTICLE OF__256-270 151-155 

Census, Legislature to provide for school 268 154 

Children. School age of 256 151 

Funds for schools, how apportioned 256 151 



tSO INDEX. 



Section. 

Fundus for schools, principal to be kept in- 
violate 257 151 

Funds for school, interest, how applied 257 151 

Funds for schools, sources of (State) 260 151 

Lands given schools, how applied 258 151 

Location of certain institutions not to be 

changed, exception 267. 154 

Mobile county, how affected by Constitution 270 155 
Moneys, all applied to pay of teachers ex- 
cept four per cent 261 152 

Poll taxes to be applied to school support 259 151 

Polytechnic Institute, control and manage- 
ment 266 154 

Sectarian or denominational schools ex- 
cluded from public funds 263 152 

Taxation for schools, special by counties 269 155 

Taxation for schools by State, rate of 260 151 

University of Alabama, control and man- 
agement of 264 152 

University of Alabama, financial support of 265 158 

COUNTY BOARDS OF EDUCATION. ELECTION, 

POWERS, DUTIES 1712-6 21-23 

Election 1712 21-22 

Organization, expenses of 1713 22 

Vacancies, how filled 1714 22 

Powers and duties 1715 22-23 

Compensation 1716 23 

COUNTY HIGH SCHOOLS 1861-7 7.1-72 

(See High Schools for counties) 

OOUK T Y SUPERINTENDENT OF EDUCA- 
TION 1702-11 l«-2l 

One elected for each county 1702 16 

Term of office; removal 1703 16 

Oath of office and bond 1704 16 

Approval and record of bond . ,. 1705 16 

New or additional bond 1706 16-17 

Duties 1707 17-18 

Failure to make annual reports 1708 19 



INDEX. 181 

Section. Page. 

Books and accounts liable to examination — 1709 19 

Vacancies, how filled ; term, etc. of ap- 
pointees 1710 19 

Compensation 1711 19 

And an act further prescribing the powers 

and duties and fixing the compensation __ 19-21 

Proceedings for and against (Civil Code) -5940-5 111-112 

OOUNTY TREASURER OF PUBLIC SCHOOL 

FUNDS, Act creating — 23-24 

CRIMINAL PROVISIONS OF PUBLIC SCHOOL 

LAW -- 36-38 

Injuring or defacing public or private prop- 
erty 0413 36 

Disturbing people met for school purposes 

or holiday 6769 36 

Embezzlement by using school money for 

other then school purposes 6834 36 

Shooting, throwing, etc., into dwelling and 

other houses 6897 36-37 

Stealing examination questions, penalty — 7750 37 

Fst> of other than contract books in public 

schools 7751 37 

Charging more than contract prices for 

school books 7752 37 

Textbook provisions, violation, penalty 7753 37-3S 

Schoolhouse warrants or proceeds ; wrong- 
ful application of; penalty 7754 38 

False or fraudulent enumeration, penalty_7755 38 

DEAF AND BLIND, ALABAMA INSTITUTE FOR 

(white and colored) 1933-53 93-99 

Constitution 267 154 

DECISIONS OF SUPREME COURT — 173-175 

Authority of county boards to assess inci- 
dental fees — 173 

Boards of education not authorized to as- 
sess tuition fees — 174-175 

DISPOSITION OF PROPERTY OF EDUCA- 
TIONAL CORPORATIONS — 139-141 



182 INDEX. 

Section. Page. 

DISTRICT AGRICULTURAL SCHOOLS (Note)— — 55 

DISTRICTS, AND REDISTRICTING BOARDS, 

SCHOOL, HOW CREATED 1G91-6 10-12 

(See School districts and redisricting 
boards) 

DISTRICT TRUSTEES, ELECTION, POWERS, 

DUTIES 1097-1701 13-15 

District trustees ; election, term 1097 13 

Organization 1098 14 

Duties 1099 14-15 

Graded schools increase number 1700 15 

Municipal school district ; board of educa- 
tion and trustees for 1701 15 

EDUCATION ARTICLE OF CONSTITUTION-250-270 151-155 

(See Constitution, Education article of) 

EDUCATION, AUTHORIZING WOMEN TO SERVE 

ON BOARDS OF __ 149 

EDUCATION, COUNTY BOARD OF 1712-0 21-23 

(See County Board of Education) 

EDUCATION, COUNTY SUPERINTENDENT 

OF 1702-11 10-21 

(See County superintendent of education) 

EDUCATION, STATE SUPERINTENDENT OF_1081-8 5-10 

(See Superintendent of Education) 

ENUMERATION OR CENSUS OF SCHOOL CHIL- 
DREN 1717-8 25-20 

Census or enumeration 1717 25 

Compensation of enumerators 1717 25 

False or fraudulent enumeration 7755 20 

EXAMINATIONS IN PUBLIC SCHOOLS 1758 39 

EXAMINATION OF TEACHERS 1719-50 20-35 

(See Teachers, qualifications, license, etc.) 

FUND, APPORTIONMENT OF SCHOOL, DIS- 
BURSEMENT 1700-80 40-45 

(See Apportionment of school fund, etc.) 



INDEX. 1S3 

Section. Page. 
FUNDS, COUNTY TREASURER OF PUBLIC 

SCHOOL, Act creating __ 23-24 

FUNDS, PUBLIC SCHOOL 1(178 3-4 

GIRLS TECHNICAL INSTITUTE, ALABAMA_1912-32 85-92 

Constitution 2G7 154 

HIGH SCHOOLS FOR COUNTIES 1801-7 71-72 

Commission to locate and establish 1861 71 

Sites procured, donations paid quarterly 1862 71 

Controlled by High School Commission and 

county board of education 1863 71 

Free school and office of trustee not abol- 
ished 1864 71-72 

Qualifications and eligibility of teachers and 

students 1865 72 

Course of study 1866 72 

Matriculation fee- 1867 72 

And an act authorizing cities and towns to 

convey real and personal property to_ 130 

And an act authorizing boards of revenue, 

etc., to appropriate funds 131 

ILLITERACY COMMISSION, ALABAMA __ 146-147 

INDUSTRIAL SCHOOL FOR BOYS, ALABAMA_1954-70 100-105 

INSTITUTE, ALABAMA GIRLS TECHNICAL-1912-32 85-92 

Constitution 267 154 

INSTITUTE, ALABAMA POLYTECHNIC 1899-1911 82-S5 

Constitution 266-7 152-154 

INSTITUTE FOR DEAF AND BLIND, ALABAMA 

(white and colored) 1933 53 93-99 

Constitution 267 154 

INSTITUTES, TEACHERS' __ 136-139 

INTEMPERANCE, PROVIDING FOR INSTRUC- 
TION ON THE EVILS OF __ 129-130 

LABOR LAW, CHILD __ 118-128 

Act providing for schools 132 



184 INDEX. 

Section. Page. 

LAND AGENT — 146-147 

LANDS, SCHOOL, LEASE AND SALE 1781-1804 45-51 

(See school lands, lease and sale) 

Sale of rural schoolhouse lands — 132-133 

LIBRARIES, Act providing for rural __ 133-13*! 

LOCAL TAX, AMENDMENT TO CONSTITUTION __ 149-151) 

MINES AND MINING, PREPARATORY SCHOOL 

. FOR 1971-4 105-106 

MOBILE COUNTY, PROVIDING FOR SPECIAL 

TAX LEVY __ 128-129 

MUNICIPAL GOVERNMENT, CITY AND TOWN 

SCHOOLS UNDER 1348-58 112-118 

Schools, regulation of 1348 112-113 

Board of education - — 1349 113 

Election of officers of board of education- _1350 113-114 

School property 1351 114 

Appropriation 1352 114-115 

Control 1353 115 

Superintendent of schools 1354 116 

Board of education of towns having over 
one thousand and less than six thou- 
sand inhabitants 1355 116-117 

School districts 1356 117 

Municipalities exempt from school law-__- 1357 117-118 

Libraries - — . 1358 118 

NORMAL SCHOOLS (Note) — 52 

Act creating board of trustees for normal 

schools — S3-55 

NORTHEAST ALABAMA AGRICULTURAL AND 
INDUSTRIAL INSTITUTE, LINE- 

VILLE - 141-143 

OFFICERS AND BOARD OF PUBLIC SCHOOLS_1680 5 

OPINIONS OF ATTORNEY GENERAL __ 156-172 

(See Attorney General, etc.) 

PERIODS, SCHOLASTIC 1759 39 



INDEX. 185 

Section. Page. 

IOLYTECHNIC INSTITUTE, ALABAMA 1899-1911 82-85 

Constitution 266-7 152-154 

PHOCEEDINGS FOR AND AGAINST COUNTY 
SUPERINTENDENTS OF EDUCA- 
TION 5940-5 111-112 

Against county superintendent for balance 

in his hands 5940 111 

Authority to employ counsel 5941 111 

Notice 5942 . 111 

Transcript of superintendent of education 

evidence 5943 111-112 

Time and manner of trial 5944 112 

In favor of teachers for money due them ; 
court and notice; appeal from justice's 
court 5945 112 

PROPERTY OF EDUCATIONAL CORPORA- 
TIONS. DISPOSITION OF — 139-141 

PUBLIC SCHOOL FUND 1678 3-4 

When appropriations accrue; placed to 

credit of educational fund 1679 4-5 

PUBLIC SCHOOL FUND, APPORTIONMENT- _1760-80 40-45 

(See Apportionment school funds, etc.) 

PUBLIC SCHOOLS. CHILDREN AND PUIPILS 

ELTCIBLE TO 1755-7 38-39 

PUBLIC SCHOOLS. EXAMINATION IN 1758 39 

PUBLIC SCHOOLS, OFFICERS AND BOARDS 

OF 1680 5 

PUBLIC SCHOOL. SPECIAL TAX FOR 1851-60 68-70 

(See Tax for public schools, special, etc.) 

KEI> STRICTING BOARDS AND SCHOOL DIS- 
TRICTS, HOW CREATED 1691-6 10-12 

(See School districts and redisricting 
boards) 



186 INDEX. 

Section. Page. 

REFORM SCHOOL FOR JUVENILE NEGRO 

LAWBREAKERS, MT. MEIGS __ 143-146 

REFORM SCHOOL FOR WHITE BOYS (See Ala- 
bama Industrial School) 1954-70 100-105 

SALE AND LEASE OF SCHOOL LANDS 1781-1804 45-51 

(See School lands, lease and sale) 

SALE OF RURAL SCHOOLHOUSE LAND __ 132-133 

SCHOLASTIC PERIODS 1759 39 

SCHOOL CHILDREN, CENSUS OR ENUMERA- 
TION 1717-8 25-26 

(See enumeration or census of school chil- 
dren ) 

SCHOOLS, COUNTY HIGH 1861-7 71-72 

(See High schools for counties) 

SCHOOL DISTRICTS AND REDISTRICTING 

BOARDS, HOW CREATED 1691-6 10-12 

District lines and boundaries, how changed_1691 10-11 
Amending sections 6, 9, 10, 16, 17, 19, and 

20 of the redisricting law __ 11-12 

Incorporated cities and towns, separate 

school districts 1693 12 

School districts not affected by county lines_1694 12 

Funds, how paid 1695 12 

Repeal 1696 12 

SCHOOL FOR MINES AND MINING, PREPARA- 
TORY 1971-4 105-106 

SCHOOL FUND, PUBLIC 1678 3-4 

When appropriations accrue, placed to 

credit of educational fund— 1679 4-5 

SCHOOL LANDS, LEASE AND SALE 1781-1804 45-51 

What are school lauds and in whom vested_1781 45 
Sale of school and indemnity lands author- 
ized 1782 45-46 



INDEX. 1S7 

Section. Page. 

Consent of inhabitants to sale of land 1783 46 

Resale of land 1784 46 

Froceeds of sale, how disposed of 1785 46 

Notes taken, placed with attorney general_1786 47 

Manner and terms of sale 1787 47 

Timber lots reserved 1788 47 

Timber lots, how used 1789 47 

Penalties for injuries to timber 1790 48 

Fines paid into treasury for school fund—1791 48 

Certificate of purchase 1792 48 

Effect of certificate of purchase 1793 48 

Revesting of title; clerk to certify, pen- 
alty, costs 1794 48-49 

Fines to go to school fund 1795 49 

Fatents 1796 49 

Issue of patent; correction of mistake 1797 49 

Issue of patents in other cases 1798 50 

Collection of past due notes 1799 50 

Agents for collection of notes 1800 50 

Township credited with collection on notes_1801 50 
Proceeds covered into treasury ; State 

pledged for payment of interest 1S02 50-51 

Lease of school and indemnity lands 1803 51 

Board of compromise 1804 51 

SCHOOLS, OFFICERS AND BOARDS OF PUB- 
LIC 1680 5 

SCHOOLITOUSE 1975-93 106-110 

Appropriation 1975 106 

Limitation to any one county 1976 107 

Application for part of appropriation 1977 107 

Filing and submitting application 1978 107 

Consideration of application 1979 107 

Record of considerations ; contests 1980 107 

Amount of appropriation 1981 107 

Flans and specifications 1982 107-108 

Area of schoolhouse lot 19S3 108 

County Board certifies to State superin- 
tendent - 1984 108 



188 



INDEX. 



Section. P®<re. 
Superintendent orders warrant, auditor 

issues 1985 108 

Delivery and forwarding of warrants 1980 108 

Statement filed and kept 1987 109 

Receipt for warrants and proceeds 1988 109 

Payment to district trustees 1989 109 

Account to be kept by State superintendent_1990 109 
Warrants not delivered by county super- 
intendents 1991 109-110 

Unexpended balance carried forward 1992 110 

Warrants and proceeds, how used 1993 110 

Warrants or proceeds, wrongful applica- 

cation, penalty 7754 110 

Sale of rural schoolhouse land __ 132-133 

SPECIAL TAX FOR PUBLIC SCHOOL 1851-60 106-110 

(See Tax for public schools, special) 



STATE SUPERINTENDENT OF EDUCATION__1681-8 
(See Superintendent of education. State.) 



5-10 



SUPERINTENDENT OF EDUCATION, STATE_1681-8 5-10 

Term of office, salary 1681 5 

Oath of office, bond 1682 5-6 

Office and books, papers and records 1683 6 

Clerks and their salaries 1684 6 

Duties 1685 «-9 

Report to governor, contents 1686 9 

Report to be printed and distributed 1687 9 

Vacancy filled by governor ; term, etc., of 

appointee 1688 9-10 

SUPREME COURT, DECISIONS OF __ 173-175 

Authority of county board to assess inci- 
dental fee — 173 

Boards of education are not authorized to 

assess tuition fees : — __ 174-175 

TAX AMENDMENT TO CONSTITUTION. LOCAL __ 149-150 



INDEX. tse 

Section. Page 
TAX FOR PUBLIC SCHOOLS, KLKOTION FOR 

SPECIAL 1851-60 68-70 

Petition for call for election 1851 , (58 

Notice and publication 1852 68 

Managers and officers of election 1853 68 

Qualified electors, etc 1854 69 

Ballot, form and manner of voting 1S55 69 

Special tax levied and assessed 1856 69 

Time tax continues 1857 70 

How collected and disbursed 1858 70 

Time of election and costs 1859 70 

Compensation of tax, collector, tax assessor, 

and county superintendent 1860 70 

TEACHERS' INSTITUTES 136-139 

TEACHERS' QUALIFICATIONS, LICENSE, POW- 
ERS, DUTIES 1719-50 26-35 

Board of examiners 1719 20 

List of questions prepared 1721 26-27 

Stealing examination questions; penalty__7750 27 

Times for examinations for teachers 1722 27 

Examination in counties, by whom and how 

conducted 1724 27-28 

Examination fees 1725 28 

Compensation of Board of Examiners 1726 28 

Compensation of county examiners 1727 28-29 

Teachers shall not receive assistance 1728 2!) 

Statement signed by teachers 1729 29 

Applicant must be of good moral cliaracter_1730 29 
Habitual use of intoxicants or profane 

language 1731 29 

Grades of certificates 1732 29 

Percentage and certificate required 1733 29-30 

Branches of learning examined upon 1734 30 

Examination shall be written, kind of paper 

and ink to be used 1735 30 

Examination papers delivered to examiner, 

transmission to board 1736 30 

Board examines and grades papers 1737 31 



190 INDEX. 

Section. Page. 

Certificates issued 1738 31 

Examination papers kept on file six nionths_1739 31 

Lifetime of certificates 1740 31 

Life certificates 1741 31 

Revoking certificate 1743 32 

Register of licensed teachers 1744 32 

Separate districts 1745 32 

Instruction as to the nature of alcoholic 

drinks and narcotics 1746 32 

Teaching agriculture in public schools 1747 32 

Register kept by teacher and submitted 1748 32-33 

Monthly report; not entitled to compensa- 
tion till forwarded 1749 33 

To be paid monthly 1750 33 

And an act authorizing the issuance of cer- 
tificates to graduates of certain institu- 
tions of higher learning and the exten- 
sion of certificates held __ 33-35 

TECHNICAL INSTITUTE, ALABAMA GIRLS_1912-32 85-92 

Constitution 267 154 

TEXTBOOK COMMISSION, MEMBERS, AP- 
POINTMENT 1805-50 56-68 

How constituted 1805 56 

Oath of commissioners 1806 56 

Organization 1S07 56 

Duties - - 1808 56 

Unlawful to use other books than those se- 
lected 1809 56 

Branches of study. 1810 56-57 

Partisan or sectarian books forbidden 1811 57 

Books may be dropped 1812 57 

Quality and merit to control in selection__1813 57 

Desirable books when price too high 1814 57-58 

Advertisement for bids 1815 58 

Bids, specifications, requisites and contents 

of ___1816 58 

Deposits as security for performance of 

bids 1817 58 



INDEX. 191 

Section. Page. 

Bids sealed and deposited 1818 58-59 

Bids opened and examined, and contracts 

awarded 1810 59 

Notifications to publishers 1820 50 

Contract, execution, preparation, filing 1821 59-60 

Bond of contractor, preparation, execution, 

conditions 1822 60 

Deposits returned 1823 60 

Failure to execute contract or bond 1824 60-61 

Recovery on bond 1825 61 

Books furnished must be equal to speci- 
mens 1826 61 

Secretary of state preserves samples 1S27 61 

Contract and exchange price printed on 

back of books 1828 61 

Prices for this State shall not exceed prices 

for other states 1829 62 

Changing or altering contract 1830 62 

Majority controls 1S31 62 

State not liable to any contractor 1832 63 

Old books exchanged for new 1833 63 

Rejecting bids or proposals 1S34 63 

Readvertisement for bids 1S35 63 

Bids for copyright and manuscripts-- 1836 63-64 

Manuscript or printed form of matter pro- 
posed to be incorporated in book 1837 64-65 

Proclamation of governor announcing con- 
tract 1838 65 

Three depositaries or places of sale in each 

county 1839 65 

Contract price printed on books 1840 65 

Distribution of books 1841 66 

Commission continues for five years ; new 

appointed 1842 66 

List of books, agencies, and prices furnished 

to county superintendent 1843 66 

Supplementary textbooks, etc 1844 66 

Other books used upon failure to furnish 

those adopted 1845 66-67 

Appropriation 1846 67 



192 INDEX 

Section. 

Compensation of commissioners-! 1847 

Clerk ; compensation 1848 

Books adopted continue five years 1849 

Failure to furnish books, contract for un- 
expired term 1850 

TOWN AND CITY SCHOOLS UNDER MUNICI- 
PAL GOVERNMENT 1348-58 

(See Municipal government, town and city 
schools under) 

TOWNSHIPS ABOLISHED 1690 

TREASURER OF PUBLIC SCHOOL FUNDS, 

COUNTY, Act creating __ 

TRUSTEES, DISTRICT, ELECTION, POWERS, 

DUTIES 1697-1701 

(See District trustees, etc.) 

UNIVERSITY OF ALABAMA 1869-89 

Testing laboratory for cement 1893 

Summer school 1894-9 

Constitution 264-5, 267 

VACANCY, Act providing for filling vacancies in 

city, county, or State offices — 

WOMEN TO SERVE ON BOARDS OF EDUCA- 
TION, AUTHORIZING — 



Page. 
67 
67 
67 

67-68 



112-118 



10 



23-24 



13-15 



73-80 

81 

81-82 

152-154 



128 



149 



• 



LfcJa'16 



